PREFACE  PAGE  a. 

J  K        RE;\.i3ED     1921 


Published  Bij 

WILLIAM  G  JOHNSTON  COMPANY 

PITTSBURGH. 


PRICE    5O    CENTS 


The  Voter's  Guide 

A  DIGEST  OF  THE 

ELECTION  LAWS 

OF 

PENNSYLVANIA 


A   Complete    Description    of    the   Method    of 
Holding   All   Elections   in   this   State 

ALSO  DEFINING  THE  DUTIES  OF 

County    and    Election    Officers,    Constables, 

Assessors  and  Registrars,  as  well  as 

Candidates'  Information. 


Revised  and  Enlarged  by 

J.   OSCAR   EMRICH,   Librarian, 

Allegheny  County  Law  Library. 


PRICE,  FIFTY  CENTS. 


COPYRIGHTED   1921. 

BY  THE  EDITOR. 


Published  by  William  G.  Johnston  Company, 

Pittsburgh,   Pa. 

1921-22 


PREFACE. 


THE  VOTER'S  GUIDE  has  been  revised  as  found  necessary 
and  published  after  each  session  of  the  legislature  for  the 
past  twenty-six  years.  The  purpose  of  this  Guide  has 
been  to  place  the  election  laws  in  concrete  form  before 
election  officers  and  those  interested  therein. 

The  present  edition  has  been  revised  to  conform  to  the 
important  changes  in  the  law  as  passed  by  the  last  legislature 
which  repealed  the  Non-Partisan  Act  as  well  as  amended  the 
Primary  and  Baker  Ballot  Acts  and  enacted  the  Congressional 
Representative,  State  Senatorial,  State  Representative  and  Judicial 
Apportionment  Acts.  The  information  has  been  written  with  a 
view  of  giving  the  law  in  a  clear  and  concise  manner,  eliminating 
the  technical  language  as  used  in  the  statutes. 

Beginning  with  the  1920  edition  of  the  Guide,  references  to  the 
source  of  information  were  given  which  system  has  been  retained 
in  the  present  edition. 

The  classification  system  as  used  in  the  1920  edition  as  well  as  the 
section  numbers  have  been  retained  as  far  as  practical.  Where  such 
law  or  information  had  been  modified  or  repealed  and  no  new  matter 
could  be  readily  obtained  to  supply  the  same  under  a  given  classifi- 
cation the  section  number  was  left  blank  and  so  marked. 

The  information  has  been  arranged  under  seven  parts  as 
follows.  (See  also  Table  of  Contents,  page  3.) 

Part  I  contains  the  law  of  General  and  Municipal  Elections 
and  the  second  sub-division  thereof  gives  the  Preliminary  Duties 
of  the  Election  Officers  in  organizing  the  various  Boards  on 
election  morning.  Following  this  is  given  the  various  duties 
of  the  Boards  and  steps  of  the  Voters,  and  by  following  the  in- 
structions, it  should  enable  the  Election  Boards  to  intelligently 
perform  their  duties  as  well  as  the  Electors  cast  their  vote. 

Part  II  contains  the  law  on  Primaries  and  as  far  as  practical 
cross  references  are  given  to  the  General  and  Municipal  Election 
Laws  under  Part  I  as  applicable. 

Parts  III  and  IV  contain  the  Election  and  County  Officers' 
specific  duties.  The  various  Registration  laws  for  cities,  boroughs 
and  townships  are  given  under  Part  V,  and  Part  VI  is  devoted 
to  Candidates'  information,  as  well  as  their  election  expenses, 
while  Part  VII  contains  various  election  statutes. 

An  Index  has  been  added  which  should  make  the  information 
readily  accessible. 

I  wish  to  acknowledge  with  thanks  the  valuable  assistance 
given  me  by  George  D.  Thorn,  Esq.,  Chief  of  the  Election  Bureau, 
State  Department,  Harrisburg,  Pa.,  who  supplied  advance  copies 
of  the  election  laws  and  various  information  from  time  to  time,  also 
to  Major  W.  T.  Rees,  Chief  Clerk,  Allegheny  County  Commis- 
sioners, whose  suggestion  of  new  matter  has  been  of  much  assistance. 
The  undersigned  would  be  pleased  to  learn  of  any  errors  or  re- 
ceive suggestions,  which  might  increase  the  usefulness  of  the  Guide. 

J.  Oscar  Emrich,  Editor. 
Pittsburgh,  Pa.,  July  1,  1921. 


TABLE    OF    CONTENTS. 


PART  I. 

ELECTIONS. 

I.  Election  Days  and  Hours,  §§  1  to  5. 

II.  Election  Officers,  Preliminary  Duties,  §§  6  to  17. 

III.  Peace  Officers, 

A— General,  §  §  18  to  21. 
B— Constables,  §  §  22  to  26. 

IV.  Qualifications  of  Voters, 

A— General,  §  §  27  to  40. 

B — Boroughs  and  Townships,  §  §  41  to  51. 

C— Cities,  §  §  52  &  53. 

V.  Challenging,  §  §  54  to  58. 

VI.  Ballots  and  Voting,  §  §  59  to  90. 

VII.  Closing  the  Polls,  §  §  91  to  106. 

VIII.  Return  of  Votes, 

A— Return  Judges,  §§  107  to  111. 

B— Prothonotary,  §  §  112  &  113. 

C— Clerk  of  Quarter  Sessions  Court,  §  §  114  &  115. 

IX.  Pay  of  Election  Officers,  §  §  116  to  126. 

X.  County  Return  Board, 

A— General,  §  §  127  to  129. 

B— Tie  Votes,  §  §  130  &  131. 

C— Contested  Elections,  §  §  132  to  137. 

PART  H. 

PRIMARIES. 

XL         Election  Days  and  Hours,  §  §  138  &  139. 

XII.  Election  Officers— Preliminary  Duties,  §  140. 

XIII.  Peace  Officers, 

A— General,  §  141. 

B— Constables,  §  §  22  to  26. 

XIV.  Qualifications  of  Voters, 

A— General,  §  142. 

B — Boroughs  and  Townships,  §  §  143  to  145. 

C— Cities,  §  §  146  to  148. 

XV.  Challenging,  §  149. 

XVI.  Ballots  and  Voting,  §  §  150  to  159. 

XVII.  Closing  the  Polls,  •§  §  160  to  171. 

XVIII.  Return  of  Votes, 

A — County  Commissioners,  §  §  172  &  173. 
B — Return  Judges,  §  174. 

XIX.  Pay  of  Election  Officers,  §  175. 

XX.  County  Return  Board, 

A— General,  §  §  176  to  179. 
B— Tie  Votes,  §480. 

C— Contested  Elections,  §  §  181  to  183-B. 
3 


E. 


461917 


PART  m. 

ELECTION  OFFICERS'  DUTIES. 

XXI.  Clerks,  §  §  184  to  192. 

XXII.  Inspectors,  §  §  193  to  218. 

XXIII.  Judge  of  Election,  §  §  219  to  241. 

XXIV.  Overseers  of  Elections,  §  §  242  to  245. 

XXV.  Watchers,  §  §  246  to  254. 


COUNTY  OFFICERS' 


PART  IV. 

DUTIES. 


XXVI.  Clerk  of  Quarter  Sessions,  §  255. 

XXVII.  County  Commissioners, 

A— Primaries,  §  §  256  to  262. 
B— Elections,  §  §  263  to  272. 

XXVIII.  Prothonotaries,  §  §  273  &  274. 

XXIX.  Sheriffs,  §  §  275  to  279. 

PART  V. 

GENERAL  INFORMATION. 

XXX.  Election  Districts  and  Rooms,  §  §  280  to  291. 

XXXI.  Registration, 

A— Boroughs  and  Townships,  §  §  292  to  307. 
B— Second  Class  Cities,  §  §  308  to  327. 
C— Third  Class  Cities,  §  §  328  to  344. 

XXXII.  Incompatible  Offices,  §  §  345  to  369-D. 

XXXIII.  Crimes,  §  §  370  to  374-A. 

PART  VI. 

CANDIDATES. 

XXXIV.  Primaries, 

A — Nominations  of  Candidates  and  Election 

of  Party  Officers,  §§  375  to  380. 
B— Political  Parties  Denned,  §§  381  &  382. 
C— Spring  Nominations,  §  §  383  to  387. 
D— Fall  Nominations,  §  §  388,  389  &  390. 
E— Candidates'  Petitions,  §  §  391  to  404. 
F — Withdrawals  and  Vacancies,  §  §  405  to  411. 
G— Party  Ballots,  §  §  412,  413  &  414. 

XXXV.  Nominations  for   Judges  and  Second  Class  City 

Officers,  §  §  415  to  417. 

XXXVI.  Elections, 

A— Party  Name,  §  §  448  &  449. 

B— Candidates'  Petitions,  §  §  450  to  464. 

C — Withdrawals  and  Vacancies,  §  §  465  to  468. 

XXXVII.  Expenses,  §  §  469  to  490-A. 

PART  VH. 
STATUTES, 

Primaries,  §  §  491  to  516. 

Congressional,  State  Senatorial  and  Representative  Appor- 
tionment Acts,  §  §  517  to  538. 
Elections— Baker  Ballot  Act,  §  §  539  to  574. 

COUNTIES  AND  COUNTY  SEATS  IN  PENNSYLVANIA,  §  575. 
ELECTORAL  VOTE  FOR  PRESIDENT,  §  576. 


DIAGRAM    OF    VOTING    ROOM 

Th«  arrangement  of  the  inspectors  a«d  clerks  shown  in  the  diagram  of  Voting  room  is  not  mandatory,  but 
ii  recommended,  so  that  the  •fficers  and  clerks  of  different  political  parties  may  be  a  check  on  each  other, 
and  to  comply  with  the  general  election  law. 


POLLINO  BOOTHS. 


Majority 
Inspector 

with 
Ballot  Box. 


Minority  Clerk 

with  Ballots,  and 

numbered  list 

of  TOters. 


TA.JBLE. 


Minority 

Inspector 

with  Voting 

Check  List. 


Majority  Clerk 

with  Ballot  Check 

List,  and  numbered 

list  of  roters. 


Guard 


Watcher. 


Watcher. 


Constable  (at  General  Election). 


Voters. 


Sees  Ml  ELECTIONS 

PART  I. 
I.    ELECTION  DAYS  AND  HOURS. 

§1.  General  elections  are  held  on  the  Tuesday  next  following 
the  first  Monday  of  November  in  even  numbered  years.  (Const. 
Art.  8,  §2.) 

§2.  Municipal  elections  for  county,  city,  ward,  borough, 
township  and  school  officers  are  held  on  the  Tuesday  next  follow- 
ing the  first  Monday  of  November  in  odd  numbered  years. 
(Const.  Art.  8,  §3.) 

§3.  Special  elections  are  to  be  regulated  and  conducted  like 
general  elections  and  by  the  same  officers.  Their  duties  shall  be 
the  same,  save  where  contrary  is  prescribed  by  law.  (1874,  P.  L. 
31,  §23.) 

§4.  The  first  Tuesday  after  the  first  Monday -of  November  is 
designated  as  a  public  holiday.  (1911,  P.  L.  3,  §1.) 

§5.  Polls  shall  be  opened  at  seven  o'clock  A.  M.,  and  closed 
at  seven  o'clock  P.  M.  (1874,  P.  L.  31,  §5.) 

H.    ELECTION  OFFICERS— PRELIMINARY  DUTIES. 

See  also  Election  Districts  and  Rooms,  §§280  to  291. 

Overseers,  Duties  of,  see  (Subject)  Overseers,  §§242  to  245. 

Watchers,  Duties  of,  see  (Subject)  Watchers,  §§246  to  254. 

§6.  The  judge  or  inspector  who  without  good  cause  fails  or 
neglects  to  attend  at  the  time  of  opening  the  polls  shall  in  every 
such  case  forfeit  the  sum  of  twenty  ($20.00)  dollars.  (1839,  P.  L. 
519,  §99.) 

§7.  If  any  inspector,  judge  or  clerk,  shall  neglect  or  refuse  to 
take  upon  himself  the  duties  of  such  office,  he  shall  forfeit  and 
pay  the  sum  of  fifty  ($50.00)  dollars,  or  having  entered  upon  the 
same,  shall  afterwards  neglect  or  refuse  "to  perform  the  duties 
thereof  according  to  law,  he  shall  forfeit  and  pay  the  sum  of  one 
hundred  ($100.00)  dollars  for  every  such  offense.  (1839,  P.  L.  519, 
§100.) 

§8.  If  any  inspector,  judge  or  clerk  of  an  election  shall  pre- 
sume to  act  in  such  capacity  before  taking  and  subscribing  the 
oath  required  by  this  act,  he  shall,  on  conviction,  be  fined  in  any 
sum  not  less  than  fifty  ($50.00),  nor  more  than  two  hundred 
($200.00)  dollars.  (1839,  P.  L.  519,  §101.) 

§9.  The  judge  shall  publicly  break  open  the  package  contain- 
ing ballots,  blanks,  cards  of  instruction,  stationery,  etc.  (1893, 
P.  L.  419,  §20.) 

§10.  Judge  of  election  is  sworn  or  affirmed  by  the  minority 
inspector,  or  in  his  absence  by  a  justice  of  the  peace,  or  alderman. 
(1839,  P.  L.  519,  §§20,  22,  also  1874,  P.  L.  31,  §9.) 

§11.  Judge  of  election  swears  or  affirms  inspectors,  overseers 
and  clerks,  also  attests  certificates  of  oaths  or  affirmations  which 
must  be  signed  by  persons  so  sworn.  (1839,  P.  L.  519,  §§19,  21  and 
22,  also  1874,  P.  L.  31,  §9.) 

6 


ELECTIONS.  Sees.  12-18 

£12.  If  any  judge  or  minority  inspector  refuses  or  fails  to 
swear  the  officers  of  election  in  the  manner  required  by  this  act, 
or  if  any  officer  of  election  shall  act  without  being  first  duly 
sworn,  or  if  any  officer  of  election  shall  sign  the  form  of  oath 
without  being  duly  sworn,  or  if  any  judge  or  minority  inspector 
shall  certify  that  any  officer  was  sworn  when  he  was  not,  it  shall 
be  deemed  a  misdemeanor,  and,  upon  conviction,  the  officer  or 
officers  so  offending  shall  be  fined  not  exceeding  one  thousand 
($1000.00)  dollars,  or  imprisoned  not  exceeding  one  (1)  year,  or 
both,  in  the  discretion  of  the  court.  (1874,  P.  L.  31,  §9.) 

§13.  If  the  minority  inspector  does  not  attend  on  election 
morning  the  person  who  received  the  second  highest  vote  for 
judge  at  the  preceding  election  will  take  his  place.  If  the  majority 
inspector  does  not  attend  the  judge  shall  appoint  an  inspector. 
If  the  judge  does  not  attend  the  majority  inspector  shall  appoint 
a  judge.  If  any  vacancy  continues  until  eight  o'clock  the  qualified 
electors  present  shall  elect  one  of  their  number  to  fill  the  vacancy. 
(1839,  P.  L.  519,  §16.) 

§14.  The  place  of  a  non-attending  clerk  is  filled  by  the  inspect- 
or appointing  him  or  by  the  acting  inspector.  (1839,  P.  L.  519,  §17.) 

§15.  The  board  shall  open  the  ballot  box,  burn  and  totally 
destroy  all  the  old  ballots  and  other  papers  which  it  contains 
before  holding  the  subsequent  election.  (1909,  P.  L.  425,  §1.) 

§16.  Post  one  card  of  instructions  and  one  card  of  penalties  at 
or  in  each  voting  booth,  and  three  or  more  cards  of  instructions 
and  penalties  and  five  or  more  specimen  ballots  in  the  voting 
room  outside  the  guard  rail.  The  board  shall  give  cards  of  in- 
struction, penalties  or  specimen  ballots  to  any  voter  requesting 
same.  (1893,  P.  L.  419,  §20.) 

§17.  Properly  arrange  the  places  of  election  officers  and  clerks. 
Place  ballot  box  at  least  six  (6).  feet  from  the  guard  rail.  (1893, 
P.  L.  419,  §19.) 

III.    PEACE  OFFICERS. 
A.     GENERAL. 

§18.  It  shall  be  the  duty  of  every  mayor,  sheriff,  deputy  sheriff, 
alderman,  justice  of  the  peace  and  constable,  or  deputy  constable 
of  every  city,  county  and  township  or  district  within  this  Com- 
monwealth, whenever  called  upon  by  any  officer  of  an  election,  or 
by  any  three  qualified  electors  thereof,  to  clear  any  window,  or 
avenue  to  any  window,  at  the  place  of  the  general  election,  which 
shall  be  obstructed  in  such  a  way  as  to  prevent  voters  frorn 
approaching  the  same,  and  on  neglect  or  refusal  (so)  to  do,  on 
such  requisition,  said  officer  shall  be  deemed  guilty  of  a  mis- 
demeanor in  office,  and  on  conviction  shall  be  fined  in  any  sum 
not  less  than  one  hundred  ($100.00)  dollars  and  not  more  than 
one  thousand  ($1,000.00)  dollars.  And  ft  shall  be  the  duty  of  the 
respective  constables  of  each  ward,  district  or  township  within 

7 


Sees.  18-24  ELECTIONS. 

this  Commonwealth  to  be  present  in  person,  or  by  deputy,  at  the 
place  of  holding  such  elections  in  said  ward,  district  or  township, 
for  the  purpose  of  preserving  the  peace,  as  aforesaid. 
(1839,  P.  L.  519,  §111.) 

§19.  It  shall  be  the  duty  of  every  peace  officer,  as  aforesaid, 
who  shall  be  present  at  any  such  disturbance  at  an  election  as  is 
described  in  this  act,  to  report  the  same  to  the  next  court  of  quarter 
sessions,  and  also  the  names  of  the  witnesses  who  can  prove  the 
same;  and  it  shall  be  the  duty  of  the  said  court  to  cause  indict- 
ments to  be  preferred  before  the  grand  jury  against  the  persons 
so  offending.  (1839,  P.  L.  519,  §112.) 

§20.  It  shall  be  the  duty  of  the  police  officers,  constables,  and 
deputy  constables,  now  required  by  law  to  be  present  at  the  polls, 
to  remain  in  the  voting  room,  but  outside  of  the  guard  rail,  while 
the  votes  are  being  counted,  and  preserve  order  therein.  No 
person,  except  the  said  peace  officers,  when  necessary  for  the  pre- 
servation of  the  peace,  or  persons  acting  by  their  authority,  shall 
enter  into  the  space  within  the  guard  rail,  or  converse  with  any 
election  officer,  in  any  way  after  the  polls  are  closed  and  until  the 
counting  of  the  votes  has  been  completed.  (1903,  P.  L.  338,  §5.) 

§21.  If  the  constables  or  supervisors  of  any  township,  ward, 
or  district,  shall  neglect  or  refuse  to  perform  the  duties  herein 
required  of  him  or  them,  they  shall  respectfully,  on  conviction, 
be  fined  in  any  sum  not  less  than  fifty  ($50.00)  dollars  nor  more 
than  one  hundred  ($100.00)  dollars.  (1839,  P.  L.  519,  §97.) 

B.     CONSTABLES. 

See  also  Incompatible  Offices,  §§345  to  369-D. 

§22.  Give  notice  of  all  officers  to  be  elected  at  the  municipal 
election  in  odd  numbered  years,  ten  (10)  days  prior  to  the  date  of 
the  election,  by  advertisements  posted  up  in  most  public  places. 
Enumerating  officers  to  be  elected  and  designating  the  places  at 
which  the  election  is  to  be  held.  (1839,  P.  L.  539,  §13,  Cls.  1  and 
2;  also  1840,  P.  L.  683,  §2.) 

§23.  If  it  shall  be  made  appear  to  any  court  of  quarter  sessions 
of  this  Commonwealth,  that  any  riot  or  disturbance  occurred  at 
the  time  and  place  of  holding  any  election  under  this  act,  and  the 
constables  who  are  enjoined  by  law  to  attend  at  such  elections 
have  not  given  information  thereof,  according  to  the  provisions 
of  this  act,  it  shall  be  the  duty  of  said  court,  to  cause  the  officer  or 
officers,  so  neglecting  the  duty  aforesaid,  to  be  proceeded  against 
by  indictment  for  misdemeanor  in  office,  and  on  conviction  thereof, 
the  said  officer  shall  be  fined  in  any  sum  not  exceeding  one  hundred 
($100.00)  dollars.  (1839,  P.  L.  519,  §113.) 

§24.  It  shall  be  the  duty  of  the  several  courts  of  quarter  ses- 
sions of  this  Commonwealth,  at  the  next  term  of  said  court  after 
any  election  shall  have  been  held  under  this  act,  to  cause  the 
respective  constables  in  said  county  to  be  examined  on  oath,  as 

8 


ELECTIONS.  Sees.  24-30 

to  whether  any  breaches  of  the  peace  took  place  at  the  election 
within  their  respective  townships,  wards  or  districts;  and  it  shall 
be  the  duty  of  said  constables  respectively  to  make  return  thereof 
as  part  of  their  official  return  at  said  court.  (1839,  P.  L.  519,  §114, 
— Repealed  as  to  Bradford  and  Susquehanna  counties,  Act  1869, 
P.L.441,  §1.) 

§25.  Serve  certificates  of  election.  (1840,  P.  L.  683,  §1.) 
§25-A.  Constable  may  appoint  deputy  constable  subject  to  the 
approval  of  the  Court  of  Quarter  Sessions  for  the  purpose  of  pre- 
serving the  peace  at  election.  Appointee  must  be  a  bona  fide  resi- 
dent of  the  ward,  borough,  or  township  for  which  he  is  appointed. 
(1839,  P.  L.  519,  §  §  111,  112, 113  and  1913,  P.  L.  534,  §  §  1,  2.) 

§26.  Constable  or  deputy  constable  shall  receive  five  ($5.00) 
dollars  for  attending  general,  special,  township,  ward  or  borough 
election,  which  sum  shall  include  pay  for  serving  notices  in  writing 
to  persons  elected  at  the  above  stated  'elections.  (1919,  P.  L.  274, 

§1). 

IV.     QUALIFICATIONS  OF  VOTERS. 

See  also  Registration,  §§292  to  344. 

A.     GENERAL. 

§27.  The  right  of  citizens  of  the  United  States  to  vote  shall  not 
be  denied  or  abridged  by  the  United  States  or  by  any  State  on 
account  of  race,  color,  or  previous  condition  of  servitude.  (U.  S. 
Const.  15th  Amendment,  §1.) 

§28.  The  right  of  citizens  of  the  United  States  to  vote  shall 
not  be  denied  or  abridged  by  the  United  States  or  by  any  State 
on  account  of  sex. 

Congress  shall  have  power  to  enforce  this  article  by  appropriate 
legislation.  (U.  S.  Const.  19th  Amendment,  §1,  Ratified  August 
26th,  1920.) 

§29.  All  *  *  *  citizens,  twenty-one  years  of  age,  possessing  the 
following  qualifications  shall  be  entitled  to  vote  at  all  elections: 

1.  They  shall  have  been  citizens  of  the  United  States  at 

least  one  month. 

2.  They  shall  have  resided  in  the  State  one  year  immedi- 

ately preceding  the  election  (or  six  months  if  previously 
a  qualified  elector  or  native  born  citizen,  removed  from 
the  State  and  returned) . 

3.  They  shall  have  resided  in  the  election  district  at  least 

two  months  preceding  the  election. 

4.  If   twenty-two   years   of   age  or  more,  they  shall  have 

paid  a  State  or  County  Tax  within  two  years,  that  was 
assessed  at  least  two  months  and  paid  one  month  before 
the  election.     (Const.  Art.  8,  §1.)     See  also  §28. 
§30.     The  tax  must  have  been  assessed  upon  them  personally 
at  least  two  (2)  months  and  paid  (1)  month  before  the  election. 
(Const.  Art.  8,  §1.) 

9 


Sees.  31-40  ELECTIONS. 

§31.  The  tax  must  be  paid  by  the  voter  himself  or  upon  his 
written  order.  (1897,  P.  L.  276,  Act  No.  218,  §1.) 

§32.  A  mercantile  tax  is  not  a  State  or  County  tax  within  the 
meaning  of  the  Constitution.  (Conway  v.  Carpenter  11  W.  N.  C. 
169.) 

§33.  Any  person  who  while  a  citizen  of  the  United  States  and 
during  the  European  War,  entered  the  military  or  naval  service  of 
any  country  at  war  with  the  country  with  which  the  United  States 
was  at  war,  shall  have  lost  his  citizenship  by  reason  of  any  oath  or 
obligation  taken  by  him  for  the  purpose  of  entering  such  service 
may  resume  his  citizenship,  by  taking  the  oath  of  allegiance  to  the 
United  States  as  prescribed  by  the  naturalization  law  and  regu- 
lations. (May  9,  1918-40  U.  S.  Stat.  at  L.  545,  Cl.  12.) 

§34.  Any  American  Woman  who  marries  a  Foreigner  shall  take 
the  nationality  of  her  husband.  At  the  termination  of  the  marital 
relation,  she  may  resume  her  American  Citizenship  by  continuing 
to  reside  in  the  United  States.  (March  2,  1907—34  U.  S.  Stat.  at 
L.  1228,  §3.) 

§35.  Any  Foreign  Woman  who  acquires  American  Citizenship 
by  marriage  to  an  American  (1),  or  one  having  been  naturalized  (2), 
shall  be  assumed  to  retain  the  same  after  the  termination  of  the 
marital  relation,  if  she  continues  to  reside  in  the  United  States  (3) . 
(1  &  3)  March  2,  1907-34  U.  S.  Stat.  at  L.  1229,  §4-(2)  Rev.  Stat. 
§1994. 

§36.  Naturalization  papers  granted  to  the  father  or  mother 
when  children  are  minors  make  them  citizens.  (U.  S.  Rev.  Stat. 
§2172.) 

§37.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by 
reason  of  his  absence,  while  employed  in  the  service,  either  civil 
or  military,  of  this  State  or  of  the  United  States,  nor  white 
engaged  in  the  navigation  of  the  waters  of  the  State  or  of  the 
United  States,  or  on  the  high  seas,  nor  while  a  student  of  any 
institution  of  learning,  nor  while  kept  in  any  poor  house  or  other 
asylum  at  public  expense,  nor  while  confined  in  public  prison. 
(Const.  Art.  8,  §13.) 

§38.  A  voter  cannot  cast  his  ballot  at  any  polling  place  out- 
side the  election  district  in  which  he  is  domiciled  except  when  in 
actual  military  service  of  this  State  or  the  United  States.  (1893, 
P.  L.  107,  Act  No.  60,  §1.) 

§39.  Residence  means  the  domicile,  abode,  home,  or  the  place 
where  a  man  abides  with  the  intention  of  making  it  his  permanent 
habitation.  (Fry's  Election  Case,  71  Pa.  302.) 

§40.  In  cases  of  students  attending  college  for  an  education 
only,  a  teacher  going  into  a  district  to  teach  a  school,  a  laborer 
at  work  for  a  definite  period,  a  contractor  to  carry  out  his  con- 
tract, persons  going  from  the  city  to  the  country  for  the  summer, 

10 


ELECTIONS.  Sees.  40-50 

do  not  lose  their  residence  in  the  district  they  formerly  resided  in, 
nor  do  they  gain  a  residence  in  the  district  in  which  they  are  for 
the  purposes  aforesaid,  unless  it  be  their  fixed  intention  to  acquire 
a  permanent  residence  in  the  district  to  which  they  have  moved. 
(Fry's  Election  Case,  71  Pa.  302.) 

B.    BOROUGHS  AND  TOWNSHIPS. 

See  also  §§27  to  40;  Registration,  §§292  to  307. 

§41.  Require  voter  to  establish  his  right  to  vote  when  not 
registered  (1),  or  when  challenged  (2).  (1)  1899,  P.  L.  254,  §1— 
(2)  1874,  P.  L.  31,  §11. 

§42.  Election  officers  are  guilty  of  a  crime  for  receiving 
unregistered  votes  without  the  required  affidavits.  (In  re  Con- 
tested Election  of  McDonough,  105  Pa.  488.) 

§43.  If  not  registered,  he  shall  produce  one  qualified  voter  of 
the  district  as  a  witness  of  his  residence.  (1899,  P.  L.  254,  §1.) 

§44.  If  a  native  born  citizen,  claiming  vote  on  age,  he  shall 
produce  a  witness  as  above  and  subscribe  to  affidavit.  (1899, 
P.  L.  254,  §1.) 

§45.  If  a  native  born  citizen,  twenty-two  years  of  age  or  more, 
he  shall  produce  a  witness  as  above,  exhibit  his  tax  receipt  or 
make  oath  that  it  was  lost,  destroyed  or  never  received.  Also 
subscribe  to  affidavit.  (1899,  P.  L.  254,  §1.) 

§46.  If  a  naturalized  citizen  he  shall  produce  a  witness  as 
above,  exhibit  his  naturalization  papers,  except  when  he  has  been 
a  voter  five  consecutive  years  in  the  district  and  subscribe  to  affi- 
davit. (1899,  P.  L.  254,  §1.) 

§47.  If  a  person  claiming  the  right  to  vote  on  age  was  born 
elsewhere  than  in  the  United  States,  he  shall  state  that  fact  in 
addition  to  his  affidavit  and  produce  evidence  that  he  is  natural- 
ized, or  entitled  to  citizenship  by  his  father's  naturalization. 
(1899,  P.  L.  254,  §1.) 

§48.  Naturalization  papers  granted  to  the  father  or  mother 
when  children  are  minors  make  them  citizens  (1).  The  naturali- 
zation certificate  must  be  produced  and  indorsed  by  the  judge  of 
election,  showing  who  voted  thereon  and  when  and  where,  unless 
proved  that  the  person  voting  has  voted  in  the  district  continu- 
ously for  five  years  (2).  (1)  U.  S.  Revised  Statutes,  §2172— (2) 
1874,  P.  L.  31,  §11. 

§49.  For  the  purpose  of  voting  on  age,  a  minor  becomes  of 
age  on  the  day  preceding  the  twenty-first  anniversary  of  his 
birth.  (In  re  Griffiths,  1  Kulp,  157.) 

§50.  After  elector  has  established  his  right  to  vote,  add  his 
name  to  both  check  lists.  (1893,  P.  L.  419,  §21.) 

11 


Sees.  50A-54.  ELECTIONS. 

§50A.  A  woman  who  is  registered  and  subsequently  marries  a 
native  born  or  naturalized  citizen  of  the  United  States  between 
the  registration  and  election  day  may  vote  by  making  a  proper 
affidavit ;  providing,  she  continues  to  reside  in  the  election  district 
as  required  by  law.  (Editor.) 

§51.  Election  officers  must  take  the  proofs  required  by  law 
where  the  claimant  is  not  registered,  or  is  challenged.  The  Act 
of  Assembly  declares  that  the  proofs  must  be  taken,  preserved, 
and  returned  with  the  rest  of  the  papers.  Their  oaths  require  it. 
The  courts  hold  it  absolutely  essential,  and  a  fine  of  five  hundred 
($500.00)  dollars  and  one  year's  imprisonment,  emphasize  that 
they  must  obey  the  law.  (1874,  P.  L.  31,  §§11  and  12.) 

C.     CITIES. 

See  also  §§27  to  40;  Registration,  §§308  to  344. 

§52.  Any  person  whose  name  is  on  the  register  of  second  (1), 
and  third  (2)  class  cities  shall  be  entitled  to  vote  at  any  general, 
special,  municipal,  or  primary  election,  unless  it  shall  be  shown, 
to  the  satisfaction  of  the  election  officers,  that  he  is  no  longer  a 
resident  of  the  election  district  in  which  he  is  registered.  If  his 
name  is  not  registered,  he  shall  not  be  entitled  to  vote  at  any 
election.  Before  receiving  his  ballot  every  voter  shall  satisfy  the 
election  officers  of  his  identity,  and,  if  challenged,  by  signing  his 
name  in  the  place  provided  for  that  purpose.  (1)  1913,  P.  L. 
977,  §17— (2)  1917,  P.  L.  738,  §6. 

§52A.  A  woman  who  is  registered  and  subsequently  marries  a 
native  born  or  naturalized  citizen  of  the  United  States  between 
the  registration  and  election  day  may  vote  by  making  a  proper 
affidavit ;  providing,  she  continues  to  reside  in  the  election  district 
as  required  by  law.  (Editor.) 

§53.  An  elector  desiring  to  vote  on  age  must  have  been  regis- 
tered before  the  election.  See  §§315,  324  and  333. 

V.     CHALLENGING. 

See  also  Qualifications  of  Voters,  §§27  to  51;  Registration,  §§317, 
318,  336  and  337. 

§54.  Any  person  who  shall  give,  or  promise  or  offer  to  give,  to 
an  elector,  any  money,  reward  or  other  valuable  consideration  for 
his  vote  at  an  election,  or  for  withholding  the  same,  or  who  shall 
give  or  promise  to  give  such  consideration  to  any  other  person  or 
party  for  such  elector's  vote  or  for  the  withholding  thereof,  and 
any  elector  who  shall  receive  or  agree  to  receive,  for  himself  or 
for  another,  any  money,  reward  or  other  valuable  consideration 
for  his  vote  at  an  election,  or  for  withholding  the  same  shall  thereby 
forfeit  the  right  to  vote  at  such  election,  and  any  elector  whose 
right  to  vote  shall  be  challenged  for  such  cause  before  the  election 

12 


ELECTIONS.  Sees.  54-63 

officers  shall  be  required  to  swear  or  affirm  that  the  matter  of  the 
challenge  is  untrue  before  his  vote  shall  be  received.  (Const. 
Art.  8,  §8.) 

§55.  But  if  the  challenger  offers  testimony  in  support  of  the 
truth  of  the  charge,  the  board  must  decide  according  to  the  weight 
of  the  evidence.  (Editor.) 

§56.  In  boroughs  and  townships  when  a  person's  name  is  on 
the  registry  list  but  his  right  to  vote  is  challenged  by  a  qualified 
citizen,  he  shall  make  the  same  proof  of  the  right  to  vote  as 
required  of  a  person  not  registered.  See  -§§41  to  51.  (1874,  P  .L. 
31,  §11.) 

§57.  In  boroughs  and  townships  if  tax  receipts  are  called  for 
and  not  produced  by  the  claimant,  he  must  make  the  same  proofs 
as  required  of  the  unregistered.  (1899,  P.  L.  254,  §1.) 

§58.  In  cities  of  the  second  (1),  and  third  (2)  class,  if  elector  is 
challenged  he  shall  sign  his  name  in  the  register  at  the  place  pro- 
vided for  that  purpose.  If  his  name  is  not  registered  he  shall  not 
be  entitled  to  vote.  (1)  1913,  P.  L.  977,  §17— (2)  1917,  P.  L. 
733,  §6. 

VI.    BALLOTS  AND  VOTING. 

Crimes,  see  §§370  to  374. 

Federal  and  State  Employees  registered  on  petition  and  voting 
in  second  class  cities,  see  §327. 

Qualifications  of  voters,  see  §  §27  to  53. 

Registration  of  voters,  see  §  §292  to  344. 

Overseers,  Duties  of — ,  see  (Subject)  Overseers,  §  §242  to  245. 

Watchers,  Duties  of—,  see  (Subject)  Watchers,  §§246  to  254. 

§59.  All  elections  by  the  citizens  shall  be  by  ballot  or  by  such 
method  as  may  be  prescribed  by  law:  Provided,  that  secrecy  in 
voting  be  preserved.  (Const.  Art.  8,  §4.) 

§60.  Permit  no  more  than  ten  (10)  voters,  not  including 
watchers  and  peace  officers,  outside  the  guard  rail  at  one  time. 
(1903,  P.  L.  213,  §1.) 

§61.  Permit  no  more  than  four  (4)  voters  in  excess  of  the 
number  of  voting  booths,  not  including  persons  giving  assistance, 
within  the  guard  rail  at  one  time.  (1893,  P.  L.  419,  §21.) 

§62.  The  elector  shall  give  his  name  and  residence  to  the 
officer  in  charge  of  the  ballots.  (1893,  P.  L.  419,  §21.) 

§63.  Elector  claiming  right  to  vote  whose  name  does  not 
appear  on  the  Voting  Check  List  in  boroughs  and  townships. 
See  §§41  to  51. 

If  his  name  does  not  appear  on  the  register  in  cities  of  the 
second  and  third  class.  See  §52. 

13 


Sees.  64-71  ELECTIONS. 

§64.  Controversies  as  to  the  elector's  right  to  vote  are  decided 
by  the  inspectors.  If  they  disagree,  the  judge  decides  and  for 
that  purpose  may  examine  under  oath  the  person  claiming  such 
right.  (1839,  P.  L.  519,  §6— See  also  47  Pa.  Super.  Ct.  592  and 
600.) 

§65.  When  the  voter  has  established  his  right  to  vote  the 
board  shall  (1) 

Write  his  name  on  the  numbered  list  of  voters  (2). 

Admit  him  within  the  guard  rail. 

Deliver  him  folded  ballot. 

Mark  "B  "  against  his  name  on  the  Ballot  Check  List  (3). 
(1)  1899,  P.  L.  254,  §1— (2)  1893,  P.  L.  419,  §24— (3)1893, 
P.  L.  419,  §21. 

§66:  He  shall  have  assistance  in  marking  his  ballot  when  he 
declares  to  the  judge  that  by  reason  of  disability  he  desires  such 
assistance.  (1893,  P.  L.  419,  §26.) 

§67.  Allow  no  voter  to  occupy  a  voting  booth  already  occupied 
by  another  except  when  giving  the  help  allowed  or  to  remain 
within  the  booth  over  three  minutes,  if  all  of  the  booths  are  in 
use  and  other  voters  waiting.  (1903,  P.  L.  213,  §1.) 

§68.  On  receiving  his  ballot  he  shall  immediately  enter  the 
booth,  close  the  screen  or  door  and  mark  the  ballot.  He  shall 
then  refold  the  ballot  as  received  and  deposit  it  in  the  ballot  box 
and  quit  the  enclosed  space  at  once.  (1919,  P.  L.  829,  §1.) 

§69.  When  a  voter  spoils  a  ballot  in  marking  he  may  obtain 
another  by  surrendering  the  spoiled  one  to  the  election  board 
which  ballot  must  be  cancelled.  (1893,  P.  L.  419,  §25.) 

§70.  Marking  the  Ballot.  To  vote  a  straight  party  ticket, 
mark  a  cross  (X)  within  the  square  in  the  first  column  opposite 
the  party  of  your  choice. 

To  vote  a  split  or  mixed  ticket,  place  a  cross  (X)  opposite  the 
name  of  every  candidate  desired  to  be  voted  for.  1919,  P.  L. 
829,  §1. 

§71.  Exceptions  in  Marking.  If  he  desires  to  vote  for  every 
candidate  of  a  political  party,  he  may  make  a  cross-mark  in  the 
appropriate  square,  opposite  the  name  of  the  party  of  his  choice, 
in  the  straight  party  column,  on  the  left  of  the  ballot,  and  every 
such  cross-mark  shall  be  equivalent  to  a  vote  for  every  candidate 
for  the  party  so  marked:  Provided,  That  the  voter  may  make  a 
cross-mark  in  the  appropriate  square,  opposite  the  name  of  the 
party  of  his  choice,  in  the  straight  party  column  on  the  left  of  the 
ballot,  and  may  also  make  a  cross-mark  in  the  square  to  the 
right  of  any  individual  candidate  whom  he  favors.  In  such  case 
his  vote  shall  be  counted  for  all  the  candidates  of  the  party  in 
whose  straight  party  column  on  the  left  of  the  ballot  he  placed 

14 


ELECTIONS.  Sees.  71-73 

such  cross-mark,  except  for  those  offices  for  which  he  has  indicated 
his  choice  by  marking  in  the  squares  to  the  right  of  individual 
candidates,  and  his  vote  shall  be  counted  for  such  individual 
candidates,  which  he  has  thus  particularly  marked,  notwith- 
standing the  fact  that  he  made  a  mark  in  the  straight  party 
column  on  the  left  of  the  ballot.  Provided  further,  That  in  any 
case  where  more  than  one  candidate  is  to  be  elected  to  any  office, 
the  voter  shall,  if  he  desires  to  divide  his  vote  among  candidates 
of  different  parties,  make  a  cross  (X)  mark  in  the  appropriate 
square,  to  the  right  of  each  candidate  for  whom  he  desires  to  vote, 
not  exceeding  the  total  number  to  be  elected  for  such  office,  and 
no  vote  shall  be  counted  for  any  candidate  in  such  group  not 
individually  marked,  notwithstanding  the  mark  in  the  party 
square.  (1919,  P.  L.  829,  §1.) 

§72.  The  following  statements  and  illustrations  showing  how 
certain  marked  ballots  should  be  counted,  being  sections  73  to  82, 
have  been  prepared  by  George  D.  Thorn,  Esq.,  Chief  of  the 
Election  Bureau,  State  Department,  Harrisburg,  Pa.,  to  whom 
due  credit  is  hereby  acknowledged. 

§73.     There  are  two  ways  to  vote  a  split  ticket. 

First:  By  making  a  cross  in  the  party  square  in  the  first 
column,  and  then  by  making  a  cross-mark  opposite  the  names  of 
candidates  of  another  party.  A  ballot  marked  thus  will  be 
counted  for  every  candidate  of  the  party  whose  party  square  has 
been  marked,  except  candidates  for  offices  for  which  the  voter 
has  indicated  his  intention  to  vote  for  candidates  of  another 
party  by  marking  the  names  individually,  and  will  be  counted 
for  the  latter  candidates. 

Where  there  are  two  or  more  candidates  in  a  group  for  an  office 
and  the  voter  makes  a  mark  in  a  party  square  and  a  mark  after  the 
name  of  but  one  candidate  of  another  party  in  the  group,  that 
name  is  the  only  one  for  whom  a  vote  can  be  counted,  as  it  is 
impossible  to  determine  for  which  other  candidates  in  the  group, 
if  any,  the  voter  desired  to  cast  his  ballot. 

Second :  By  making  a  cross  (X)  mark  opposite  the  name  of 
each  candidate  for  whom  he  desires  to  vote,  not  exceeding  the 
number  to  be  elected  to  any  office. 


15 


Sec.  74 


ELECTIONS. 


FIRST  COLUMN. 

To   Vote  a   Straight  Party  Ticket,  Mark 
a   Cross  (X)  in  this  Column. 


REPUBLICAN. 


DEMOCRATIC 


JXJ 


LJ 


UNITED  STATES  SENATOR 
(VOTE   FOR  ONE) 

Morton, 

REPUBLICAN 

Rummel, 

DEMOCRATIC 

Brenner, 

SOCIALIST 

Love, 

PROHIBITION 

SOCIALIST.        |_ 


L 


PROHIBITION. 


LJ 


REPRESENTATIVES  CONGRESS 
AT  LARGE 
(VOTE  FOR   FOUR) 

Killheller, 

REPUBLICAN 

Larkin, 

REPUBLICAN 

X 

Leopold, 

REPUBLICAN 

McConnell, 

REPUBLICAN 

Wright, 

DEMOCRATIC 

Tyler, 

DEMOCRATIC 

Repp, 

DEMOCRATIC 

REPRESENTATIVE  IN  CONGRESS 
(VOTE  FOR  ONE) 

Wagner, 

REPUBLICAN 



Schleicher, 

DEMOCRATIC 

Hepfinger, 

SOCIALIST 

Fraisin, 

PROHIBITION 

A  Ballot  marked  as  above,  votes  for  all  Republican  Candidates  for  all  offices  except 
Congress-at-Large.  The  only  Candidate  in  that  group  for  whom  a  vote  can  be  counted 
is  "Larkin". 


\ 


16 


ELECTIONS. 


Sec.  74 


JUSTFCE  OF  THE  SUPREME  COURT 
(VOTE  FOR  ONE) 

Brown, 

REPUBLICAN 

Jones, 

DEMOCRATIC 

Smith, 

SOCIALIST 

Clark, 

PROHIBITION 

AUDITOR  GENERAL 
(VOTE  FOR  ONE) 

Hendricks, 

REPUBLICAN 

Huckins, 

DEMOCRATIC 

Huntington, 

SOCIALIST 

Kane, 

PROHIBITION 

JUDGE  OF  THE  SUPERIOR  COURT 
(VOTE  FOR  ONE) 

Black, 

REPUBLICAN 

Gray, 

DEMOCRATIC 

Crane, 

SOCIALIST 

Spooner, 

PROHIBITION 

SENATOR  IN  THE  GENERAL 
ASSEMBLY 

(VOTE  FOR  ONE) 

Schaeffer, 

REPUBLICAN 

Etonian, 

DEMOCRATIC 

Weaver, 

SOCIALIST 

Bellman, 

PROHIBITION 

STATE 
(VOTE 

TREASURER 
FOR  ONE) 

Smith, 

REPUBLICAN 



Leinbach, 

DEMOCRATIC 

Dunham, 

SOCIALIST 



Packer, 

PROHIBITION 

REPRESENTATIVE  IN  THE 
GENERAL  ASSEMBLY 

(VOTE  FOR  ONE) 

Jamison, 

REPUBLICAN 

McShane, 

DEMOCRATIC 

Fisher,                   SOCIALIST 

Johnson, 

PROHIBITION 

17 


Sec.  75 

ELECTIONS. 
4| 

LJJ 

< 

, 

D 

o 

Pi! 

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25 


Sees.  83-90  ELECTIONS. 

§83.  If  a  voter  who  votes  a  mixed  or  split  ticket  desires  to  vote 
for  all  the  Presidential  electors  of  a  party,  he  will  place  a  cross  (X) 
in  the  large  square  opposite  the  names  of  the  candidates  for  Presi- 
dent and  Vice-President,  at  the  head  of  the  group  of  Presidential 
electors  he  desires  to  vote  for.  (1903,  P.  L.  338,  §2.) 

§84.  When  a  constitutional  amendment  or  other  question  is 
submitted  to  a  vote  of  the  people,  the  voter  will  place  a  cross  (X) 
opposite  the  answer  he  desires  to  give.  (1903,  P.  L.  338,  §2.) 

§84-A.  Increasing  indebtedness  of  various  municipalities. 
Ballot  to  be  used  at  an  election  to  ascertain  whether  the  indebt- 
edness of  a  municipality  shall  be  increased  must  be  an  official 
ballot  furnished  by  the  County  Commissioners  and  in  the  form 
prescribed  by  the  Act  of  April  29,  1903,  P.  L.  338,  §2.  (168  Pa. 
578;  224  Pa.  425;  231  Pa.  461;  52  P.  L.  J.  178.)  4 

§85.  Ballot  Decisions.  Names  of  the  candidates  (but  not  the 
title  of  the  office  to  be  filled)  not  on  the  printed  ballots  may  be 
inserted  by  writing  or  pasting  a  printed  slip,  with  a  name  on  it 
in  the  space  provided  for  that  purpose.  (165  Pa.  233;  173  Pa.  60; 
180  Pa.  566;  234  Pa.  512.) 

A  blanket  sticker  which  covers  not  only  the  space  left  vacant 
for  the  insertion  of  names,  but  also  other  parts  of  the  ballot, 
renders  the  vote  for  the  office  in  question  illegal  and  void.  (The 
candidate's  name,  only,  is  to  be  inserted,  not  the  title  of  the  office.) 
47  P.  L.  J.  318;  234  Pa.  512. 

§86.  The  courts  have  no  jurisdiction  to  direct  what  instruc- 
tion the  County  Commissioners  shall  or  shall  not  give  to  voters- 
as  to  marking  ballots.  (190  Pa.  134.) 

§87.  The  mark  of  one  (1)  in  the  square  provided  in  the  official 
ballot  for  a  cross-mark,  or  a  cross-mark  (X)  in  a  square  below  such 
square,  has  not  the  effect  of  a  cross-mark  (X)  in  the  proper  place 
for  it.  181  Pa.  457;  21  D.  R.  1091 ;  Nor  ballots  marked  by  a  "Y" 
or  a  part  of  a  cross.  (14  D.  R.  645.) 

§88.  Where  several  persons  are  to  be  elected  to  the  same  office 
for  .different  terms,  ballots  must  designate  terms  for  which  each 
person  is  to  serve.  (J52  Pa.  544.) 

§89.  Every  voter  must  deposit  his  ballot  in  the  ballot  box 
himself  (1),  and  the  Inspector  must  announce  the  name  of  the 
voter  to  the  Clerk  in  charge  of  the  Voting  Check  List,  who  will 
mark  the  letter  "V"  opposite  the  name  of  the  voter,  in  the  space 
provided  for  that  purpose  (2).  (1)  1919,  P.  L.  829,  §1— (2) 
1839,  P.  L.  519,  §70. 

§90.  No  list  of  the  names  of  voters,  except  such  lists  as  are 
expressly  authorized  by  law,  shall  be  made  within  the  voting 
room  by  any  person,  nor  shall  any  list  of  the  ballots  be  made 
except  such  lists  as  are  authorized  by  law.  Provided,  that  any 

26 


ELECTIONS.  Sees.  90-103 

voter  may  make  a  memorandum  of  his  own  ballot  and  watchers 
may  keep  their  poll  books  and  challenge  lists.  (1893,  P.  L.  419, 
§24.) 

VII.    CLOSING  THE  POLLS. 

See  also  Return  of  Votes,  §§107  to  115. 

§91.  Polls  shall  be  closed  at  seven  o'clock  P.  M.  (1874,  P.  L. 
31,  §5.) 

§92.  Permit  only  persons  who  have  already  received  ballots, 
to  mark  and  deposit  them  after  the  time  for  closing  the  polls  has 
arrived.  (1903,  P.  L.  213,  §1.) 

§93.  Make  a  record  and  announce  the  number  of  the  last  vote 
cast.  (1903,  P.  L.  338  §5.) 

§94.  Count  and  announce  the  number  of  names  checked  in 
the  Voting  Check  List,  (1903,  P.  L.  338,  §5.) 

§95.  The  number  of  ballots  cast  and  the  number  of  names 
checked  on  the  Voting  Check  List  should  be  identical.  (1903, 
P.  L.  338,  §5.) 

§96.  Inspectors  open  the  ballot  box  and  count  and  announce 
the  number  of  ballots  cast.  (1903,  P.  L.  338,  §5.) 

§97.  In  counting  the  votes  the  judge  shall  read  aloud  the 
names  marked  or  inserted  upon  each  ballot  with  the  party  name 
or  political  appellation  under  which  each  vote  was  cast,  and  the 
answers  marked  thereon  to  the  questions  submitted,  if  any.  The 
judge  or  inspectors  shall  not  have  in  their  hands  any  pen,  pencil 
or  stamp  for  marking  while  counting  votes  or  ballots.  (1903, 
P.  L.  338,  §5.) 

§98.  Illustrations  showing  how  certain  marked  ballots  should 
be  counted,  see  (Ballots  &  Voting),  §§74  to  82. 

§99.  Keep  ballots  in  view  but  out  of  reach  of  persons  in  the 
voting  room  until  replaced  in  the  ballot  box.  (1903.  P.  L. 
338,  §5.) 

§100.  The  clerks  shall  each  carefully  enter  each  vote  as  read, 
and  keep  count  of  the  same  in  duplicate  tally  papers  prepared  for 
the  purpose.  (1903,  P.  L.  338,  §5.) 

§101.  Fill  out  two  tally  sheets,  one  return  sheet  and  triplicate 
return  sheets.  (1909,  P.  L.  425,  §1.) 

§102.  Fill  out  statement  showing  the  votes  received  for  each 
candidate  from  each  political  party  and  post  on  the  door  of  the 
election  house.  (1909,  P.  L.  425,  §1 .  See  also  1903,  P.  L.  338,  §5.) 

B|§103.  Inspectors  and  judge  shall  make  out  a  certificate  of 
election,  for  each  person  chosen  as  an  inspector,  judge,  borough 
or  township  officer,  which  certificate  shall  be  delivered  by  the 
constable  of  the  proper  ward,  township,  district,  or  borough, 
within  five  (5)  days  after  such  election.  (1840,  P.  L.  683,  §1.) 

27 


Sees.  104-107-A  ELECTIONS. 

§104.    The  ballot  box  shall  contain, 

All  ballots  cast, 

Voting  Check  List  (boroughs  and  townships  only,) 

One  numbered  List  of  Voters, 

One  tally  paper, 

One  of  the  triplicate  return  sheets  in  a  sealed  envelope. 

One  oaths  of  the  election  officers. 

(1903,  P.  L.  217,  §1.) 

§105.  When  the  proper  election  papers  have  been  deposited  in 
the  ballot  box  and  locked,  the  signatures  of  the  judge  and  inspec- 
tors should  be  affixed  on  a  strip  of  paper  and  pasted  across  the 
opening  in  the  top  or  the  lid  of  the  box,  which  should  be  tied 
securely  with  red  tape  and  sealing  wax  freely  applied  (1);  the 
judge  and  minority  inspector  shall  return  the  box  together  with 
its  contents  to  the  place  or  person  designated  as  its  repository. 
If  no  place  has  been  appointed  by  the  Court  of  Common  Pleas 
then  to  the  nearest  Justice  of  the  Peace  or  Alderman  (2).  (1) 
1903,  P.  L.  217,  §1— (2)  1909,  P.  L.  425,  §1. 

§106.  The  minority  inspector  shall  retain  in  his  possession, 
one  of  the  complete  triplicate  return  sheets  in  a  sealed  envelope. 
(1909,  P.  L.  425,  §1.) 

VIII.    RETURN  OF  VOTES. 

A.     RETURN  JUDGES. 

See  also  Pay  of  Election  Officers,  §§116  to  123. 

§107.  Judges  residing  within  twelve  (12)  miles  from  the  Pro- 
thonotary's  office,  or  twenty-four  (24)  miles  if  on  a  railroad,  shall 
make  returns  before  two  o'clock  P.  M.  the  next  day  after  the 
election,  and  all  other  judges  to  make  said  returns  before  noon 
the  second  day  after  election.  (1919,  P.  L.  425,  §1.) 

§107-A.  Consolidated  returns  of  local  elections  in  divided 
boroughs  or  townships.  The  judge,  inspectors  and  clerks  of  each 
election  district  of  any  borough  or  township,  which  have  been 
divided  by  the  court  into  separate  election  districts  shall  make  out 
a  complete  return  of  all  the  votes  given  at  any  borough  or  town- 
ship (municipal)  election,  designating  the  number  of  votes  each 
person  received;  and  the  judge  and  inspectors  shall  appoint  one 
of  their  number  for  return  judge,  to  meet  the  other  return  judge 
or  judges  of  the  borough  or  township,  at  the  oldest  election  place 
on  the  third  day  after  any  borough  or  township  (municipal) 
election,  and  then  add  together  the  number  of  votes  given  for  each 
person  voted  for,  and  make  out  the  consolidated  returns,  as  the 
nature  of  the  election  may  require,  and  after  the  performance  of 
said  duties,  appoint  one  of  their  number,  by  consent  or  lot,  to 
deliver  the  consolidated  returns  to  the  clerk  of  courts  office  of  the 
county.  (1860,  P.  L.  609,  §1.  See  also  16  D.  R.  235;  29  D.  R. 
923.) 

'    28 


ELECTIONS.  Sees.  108-111 

§108.  Court  of  Common  Pleas  appoints  one  of  the  judges  of 
election  of  such  county  or  part  of  such  county  as  a  return  judge 
to  compute  consolidated  return  in  congressional  (1),  senatorial  (2), 
and  judicial  districts  (3)  composed  of  two  or  more  counties  or  parts 
of  two  or  more  counties,  who  meet  at  the  court  house  as  designated 
in  the  various  districts.  After  computing  the  return,  same  is 
deposited  in  the  prothonotary's  office  of  the  county  in  which  they 
met.— (1)  1921,  P.  L.  Act  No.  216,  §3.— (2)  1921,  P.  L. 

Act  No.  217,  §4.     (3)  1921,  P.  L.  Act  No.  198, 

§4. 

§109.  Return  judges  meet  in  congressional  (1)  and  senatorial 
(2)  districts  on  the  Tuesday  next  following  the  day  on  which  the 
official  computation  of  the  country  returns  in  all  such  counties  of 
the  district  shall  have  been  completed.  In  judicial  districts  (3) 
they  meet  on  the  seventh  day  after  the  election.  (1)  1921,  P.  L. 
,  Act  No.  216,  §5.  (2)  1921,  P.  L.  ,  Act  No.  217, 

§6.     (3)     1921,  P.  L.  ,  Act  No.  198,  §4. 

§110.  In  judicial  districts  composed  of  two  or  more  counties 
or  parts  of  two  or  more  counties,  return  judges  file  one  certified 
copy  of  the  consolidated  return  for  judges  in  the  prothonotary's 
office  of  the  county  in  which  they  met,  also  send  one  copy  to  the 
Secretary  of  the  Commonwealth  and  a  copy  to  each  person  elected. 
(1921,  P.  L.  ,  Act  No.  198,  §5). 

§111.     Representative  Congressional  Districts. 

Return  judges  of  the  following  districts  composed  of  two  or  more 
counties  meet  at  the  court  house  of  the  respective  counties.. 

Districts' Nos.  County 

8th Chester. 

9th Montgomery. 

14th Berks 

15th Susquehanna 

16th Tioga. 

17th Northumberland. 

18th Mifflin. 

19th Dauphin. 

21st Blair. 

22nd York. 

23rd Clearfield. 

24th Fayette. 

25th Washington. 

26th Beaver. 

27th Indiana. 

28th Warren. 

29th Crawford. 

30th Northampton. 

1921,  P.  L.  ,  Act  No.  216,  §4. 

29 


Sees.  lll-A-112  ELECTIONS. 

§111-A.     State  Senatorial  Districts.     Return  judges  of  the  fol- 
lowing districts  composed  ot  two  or  more  counties  or  parts  of  two 
or  more  counties  meet  at  the  court  house  of  the  respective  counties. 
Districts  Nos.  Counties. 

14th Monroe. 

17th Lebanon. 

23rd.  .  :  .  . Bradford. 

24th Lycoming. 

25th Potter. 

26th Clinton. 

27th Northumberland. 

30th Blair. 

31st Perry. 

33rd Franklin. 

34th Clearfield. 

36th Bedford. 

37th Indiana. 

41st Armstrong. 

46th Washington. 

47th Beaver. 

48th Venango. 

50th Crawford. 

1921,  P.  L.  ,  Act  No.  217,  §5. 

B.    PROTHONOTARY. 

§112.    At  the  General  Election  the  judge  shall  deliver  to  the 
Prothonotary's  Office: 

(a)  Small  envelope  containing  Return  Sheet. 

(b)  Large  envelope  (addressed  to  the  Prothonotary), 

which  shall  contain  the  following : 
One  tally  paper. 
One  oaths  of  election  officers. 
Oaths  of  various  voters  and  their  witnesses   (in 

boroughs  and  townships). 
Two    small    envelopes    containing    the    following 

papers  shall  also  be  inserted  in  the  large  envelope. 
One  triplicate  return  sheet. 
One  numbered  list  of  voters. 

(c)  Seal  in  Wrapper  all  stubs,   unused,   spoiled   and 

canceled  ballots  and  Ballot  Check  List  in  boroughs 
and  townships.  (1893,  P.  L.  419,  §§24,  25.) 

(d)  In  cities  of  the  second  and  third  class,  Wrapper 

containing  stubs,  unused,  spoiled  and  canceled 
ballots  are  returned  to  Prothonotary,  while 
Voting  and  Ballot  Check  Lists  in  cities  of  the 
second  class  (1913,  P.  L.  977,  §17)  are  put  in  one 
envelope  and  returned  to  the  Board  of  Regis- 
tration Commissioners  and  in  cities  of  the  third 
class  (1906,  P.  L.  63,  §13)  to  the  County  Com- 
missioners. (1909,  P.  L.  425,  §1— See  also  1903, 
P.  L.  217,  §1.) 

30 


ELECTIONS.  Sees.    113-117 

§113.  At  the  Municipal  Election,  the  judge  shall  deliver 
two  separate  returns.  For  all  offices  or  questions  voted  on  by 
the.  whole  county  and  for  justices  or  aldermen  and  Local  City 
Elections  (except  third  class  city  charters),  returns  are  made  to 
the  Prothonotary's  office.  These  should  include  the  same  papers 
as  returned  at  a  General  Election.  See  §§112  and  114. 

§113-A.  In  representative  congressional  (1),  senatorial  (2), 
and  judicial  (3)  districts  composed  of  two  or  more  counties,  or 
parts  of  two  or  more  counties,  return  judges  deposit  the  consoli- 
dated return  with  the  prothonotary  of  the  county  in  which  they 
met.  (1)  1921,  P.  L.  ,  Act  No.  216,  §6;  (2)  1921,  P.  L. 

,  Act  No.  217,  §7— (3)     1921,  P.  L.  ,  Act  No.  198,  §4. 

§113-B.  Prothonotary  to  certify  to  Secretary  of  commonwealth 
under  seal,  copy  of  return  of  votes  given  each  person  in  congres- 
sional (1)  and  senatorial  (2)  districts,  also  certified  copy  of  such 
return  to  be  mailed  to  each  person  as  elected  in  such  districts. 
(1)  .  1921,  P.  L.  ,  Act  No.  216,  §6;  (2)  1921,  P.  L.  ,  Act 

No.  217,  §7. 

C.    CLERK  OF  QUARTER  SESSIONS  COURT. 

§114.  For  all  boroughs  and  township  offices  (except  justices 
of  the  peace  and  alderman)  a  separate  return  is  made  to  the 
office  of  the  Clerk  of  the  Court  of  Quarter  Sessions  (See  also 
§107- A.)  at  the  same  time  the  return  is  made  to  the  Prothonotary 
The  papers  delivered  to  the  Clerk  of  Quarter  Sessions  are  as  follows : 

One  return  sheet  (in  an  unsealed  envelope). 

A  large  envelope  (sealed  and  addressed  to  the  Clerk 
of  the  Court  of  Quarter  Sessions)  containing: 

One  of  the  triplicate  returns  in  a  sealed  envelope. 

One  tally  paper. 

(1909,  P.  L.  425,  §1— See  also  16  D.  R.  245.) 

§115.  Returns  for  election  for  charter  of  third  class  city  are 
made  to  the  Clerk  of  the  Court  of  Quarter  Sessions  and  a  duplicate 
return  is  duly  certified  to  the  Secretary  of  the  Commonwealth 
by  the  Clerk  of  said  Court.  (1907,  P.  L.  268,  §1.) 

IX.  PAY  OF  ELECTION  OFFICERS. 

§116.  Judge,  inspectors  and  clerks  appointed  by  inspectors 
at  elections  are  entitled  to  receive  a  minimum  pay  of  five  ($5.00) 
dollars  each  for  all  services  rendered  in  the  conducting  of  each 
election  without  regard  to  time.  (1913,  P.  L.  632  Act  No.  368,  §1.) 

§117.  In  any  election  district  where  more  than  250  ballots 
are  cast  at  any  election,  each  judge,  inspector,  and  clerk  shall 
be  paid  one  dollar  ($1.00)  for  each  100  ballots  or  fraction  thereof, 
cast  after  the  first  250  ballots,  in  addition  to  the  minimum  pay. 
(1919,  P.  L.  115,  §1.) 

31 


Sees.  118-126-A  ELECTIONS. 

§118,  The  Acts  of  1913  and  1919  regarding  pay  of  election 
officers  does  not  alter  the  compensation  of  return  judges  as  fixed 
by  existing  laws. 

§119.  Judge  of  Election  in  Allegheny  County  receives  seven 
dollars  and  fifty  cents  ($7.50)  which  includes  two  dollars  and 
fifty  cents  ($2.50)  as  pay  for  return  judge. 

§120.  General  Elections  in  even  numbered  years.  Return 
judges  are  entitled  to  ten  cents  (lOc)  a  mile  for  each  mile  traveled, 
to  be  computed  circular,  and  one  dollar  and  fifty  cents  ($1.50)  for 
each  day  necessarily  spent  in  delivering  returns.  (The  above 
does  not  apply  to  Allegheny  County.)  (1839,  P.  L.  519,  §§92, 
93— See  also  8  Pa.  C.  C.  24.) 

§121.  Municipal  Elections  in  odd  numbered  years.  Return 
judges  are  entitled  to  two  dollars  ($2.00)  for  return  day  and  six 
cents  (6c)  a  mile,  circular,  for  every  mile  traveled  in  delivering 
returns.  (The  above  does  not  apply  to  Allegheny  County.) 
(1895,  P.  L.  290,  §1.) 

§122.     Pay  of  return  judges  in  congressional  (1),  senatorial  (2) 
and  judicial  districts  (3)  composed  of  two  or  more  counties  or 
parts  of  two  or  more  counties,  ten  dollars  ($10.00)  per  day  actually 
employed  and  ten  cents  (lOc)  per  mile.     (1)     1921,  P.  L., 
Act  No.  216,  §7— (2)     1921,    P.  L.  ,  Act  No.  217  §8,— (3) 

1921,  P.  L.  ,  Act  No.  428,  §8. 

§123.  Constable  or  deputy  constable  shall  receive  five  ($5.00) 
dollars  for  attending  general,  special,  township,  ward  or  borough 
election,  which  sum  shall  include  pay  for  serving  notices  m 
writing  to  persons  elected  at  the  above  stated  elections.  (1919, 
P.  L.  274,  51.) 

§124.  Each  registrar  in  cities  of  the  third  class  shall  receive 
five  ($5.00)  dollars  per  day,  for  the  time  actually  employed  in 
the  work  of  registration.  (1911,  P.  L.  1014,  §1.) 

§125.  The  five  ($5.00)  dollars  per  day  compensation  is  due 
registrar  for  the  day  he  delivers  the  register  and  vouchers  to  the 
County  Commissioners'  office,  but  he  is  not  entitled  to  mileage. 
(Griffin  v.  Crawford  County,  19  D.  R.  1150.)  - 

§126.  Each  registrar  in  second  class  cities  shall  receive  ten 
($10.00)  dollars  per  day  for  the  time  actually  spent  in  registration. 
(1913,  P.  L.  977,  §5.) 

§126-A.  It  shall  be  the  duty  of  each  assessor  and  assistant 
assessor  of  each  township  of  the  second  class,  borough  and  ward 
in  a  borough  to  keep  an  account  of  the  several  days  by  him  actually 
employed  in  the  performance  of  his  duties  and  to  make  return  of 
the  same  to  the  county  commissioners  verified  by  his  oath  or 
affirmation  and  for  each  day  so  employed,  he  shall  receive  the  sum 
of  five  dollars.  (1921,  P.  L.  ,  Act  No.  243,  §1.) 

32 


ELECTIONS.  Sees.  127-129 

X.     COUNTY  RETURN  BOARD, 
A.     GENERAL. 

§127.  At  twelve  o'clock  on  the  said  second  day  following  any 
election,  the  prothonotary  of  the  court  of  common  pleas  shall 
present  the  said  returns  to  the  said  court.  In  counties  where 
there  is  no  resident  president  judge,  the  associate  judges  shall 
perform  the  duties  imposed  upon  the  court  of  common  pleaa, 
which  shall  convene  for  said  purpose;  the  returns  presented  by 
the  prothonotary  shall  be  opened  by  said  court  and  computed  by 
such  of  its  officers  and  such  sworn  assistants  as  the  court  shall 
appoint,  in  the  presence  of  the  judge  or  judges  of  said  court,  and 
the  returns  certified  and  certificates  of  election  issued  under  the 
seal  of  the  court  as  is  now  required  to  be  done  by  return  judges; 
and  the  vote  as  so  computed  and  certified  shall  be  made  a  matter 
of  record  in  said  court.  The  sessions  of  the  said  court  shall  be 
open  to  the  public.  (1909,  P.  L.  425,  §1.) 

§128.  And  in  case  the  returns  of  any  election  district  shall  be 
missing  when  the  returns  are  presented,  or  in  case  of  complaint 
of  a  qualified  elector  under  oath,  charging  palpable  fraud  or 
mistake,  and  particularly  specifying  the  alleged  fraud  or  mistake, 
or  where  fraud  or  mistake  is  apparent  on  the  return,  the  court 
shall  examine  the  return,  and  if  in  the  judgment  of  the  court  it 
shall  be  necessary  to  a  just  return,  said  court  shall  issue  summary 
process  against  the  election  officers  and  overseers,  if  any,  of  the 
election  district  complained  of,  to  bring  them  forthwith  into  the 
court,  with  all  election  papers  in  their  possession;  and  if  palpable 
mistake  or  fraud  shall  be  discovered,  it  shall,  upon  such  hearing 
as  may  be  deemed  necessary  to  enlighten  the  court,  be  corrected 
by  the  court,  and  so  certified;  but  all  allegations  of  palpable  fraud 
or  mistake  shall  be  decided  by  the  said  court  within  three  (3)  days 
after  the  day  the  returns  are  brought  into  court  for  computation; 
and  the  said  inquiry  shall  be  directed  only  to  palpable  fraud  or 
mistake,  and  shall  not  be  deemed  a  judicial  adjudication  to  con- 
clude any  contest  now  or  hereafter  to  be  provided  by  law;  and 
the  other  of  said  triplicate  returns  shall  be  placed  in  the  box  and 
sealed  up  with  the  ballots.  (1909,  P.  L.  425,  §1— See  also  In 
Returns,  32nd  Cong.  Dist.  256  Pa.  342). 

§129.  In  counties  where  there  are  three  or  more  judges  of 
said  court  learned  in  the  law,  at  least  two  judges  shall  sit  to  com- 
pute and  certify  returns,  unless  unavoidably  prevented.  If  any 
of  the  said  judges  shall  himself  be  a  candidate  for  any  office  at 
any  election,  he  shall  not  sit  with  the  court,  or  act  in  counting 
the  returns  of  such  election,  and  in  such  cases  the  other  judges,  if 
any,  shall  act;  and  if  in  any  county  there  shall  be  no  judge  quali- 
fied to  hold  the  said  court,  under  the  provisions  of  this  act,  present 
and  able  to  act,  then,  and  in  every  such  case,  the  Register  of  Wills, 
the  Sheriff  and  the  County  Commissioners  of  the  proper  county 
shall  be  and  constitute  a  board,  who,  or  a  majority  of  whom,  shall 

33 


Sees.  129-133  v    ELECTIONS. 

have  and  exercise  all  the  powers  and  perform  all  the  duties  vested 
in,  or  required  to  be  performed  by  the  court  of  common  pleas  o£ 
such  county,  by  and  under  the  provisions  of  this  section ;  but  none 
of  the  said  officers  shall  act  as  a  member  of  such  board,  when 
himself  a  candidate  for  any  office  at  the  election,  the  returns  of 
which  the  said  board  is  required  to  count  under  the  provisions  of 
this  section.  The  returns  required  by  this  act  to  be  presented 
by  the  prothonotary  of  the  courts  of  common  pleas  of  Phila- 
delphia and  Allegheny,  respectively,  shall  be  presented  to  such 
two  or  more  of  the  judges  of  the  several  courts  of  common  pleas 
of  said  counties,  respectively,  as  the  judges  of  said  courts,  or  a 
majority  of  them,  may  designate  to  perform  the  duty  of  receiving, 
computing  and  certifying  said  returns.  When  two  or  more 
counties,  or  parts  of  two  or  more  counties,  are  connected  for  the 
election  of  any  officer,  the  courts  of  such  counties,  or  parts'  of 
counties,  comprising  the  district,  shall  each  appoint  a  return 
judge,  resident  within  such  district,  to  meet  within  seven  days 
after  the  day  of  the  election  of  such  officer,  at  such  place  as  is 
required  by  law,  or  if  no  place  of  meeting  is  designated  by  law, 
at  such  place  within  such  district  where  the  returns  of  the  election 
of  such  officer  shall,  by  law,  be  directed  to  be  filed,  to  compute 
and  certify  the  vote  of  such  district,  and  it  shall  be  the  duty  of 
the  return  judges,  in  such  case,  to  transmit  to  the  person  elected, 
as  such  officer's  certificate  of  his  election,  within  five  days  after 
the  day  of  making  up  such  return.  All  officers  provided  for  by 
this  act  vshall  be  compensated  as  like  officers  are  paid  by  existing 
laws.  (1909,  P.  L.  425,  §1.) 

B.  TIE  VOTES. 

§130.  In  elections  for  school  directors,  tie  votes  are  settled  in 
any  manner  determined  by  the  candidates  within  twenty  (20) 
days  or  the  office  becomes  vacant  and  is  filled  by  the  board.  In 
school  districts  of  the  first  class,  directors  are  appointed  by  the 
court  and  not  elected.  (1911,  P.  L.  309,  §§202  and  213.) 

§131.  At  an  election  if  there  is  a  tie  vote  for  judge,  the  majority 
inspector  appoints.  If  two  inspectors  receive  a  tie  vote  the 
majority  inspector  is  decided  by  casting  lots.  The  person  so 
decided  majority  inspector  appoints  a  judge  if  there  be  a  tie  for 
judge.  (1897,  P.  L.  78,  §1.) 

C.  CONTESTED  ELECTIONS. 

See  also  Ballots  and  Voting,  §§73  to  82  and  85  to  88. 

§132.  The  following  is  a  partial  skeleton  of  the  law  on  con- 
tested elections.  Candidates  proposing  to  inaugurate  a  contest 
should  immediately  consult  an  attorney-at-law.  (Editor.) 

§133.  The  trial  and  determination  of  contested  elections  of 
electors  of  President  and  Vice-President,  Members  of  the  General 
Assembly,  and  of  all  public  officers,  whether  State,  Judicial, 
Municipal  or  Local,  shall  be  by  the  courts  of  law,  or  by  one  or 

34 


ELECTIONS.  Sees.  133-136 

more  of  the  law  judges  thereof;  the  General  Assembly  shall,  by 
general  law,  designate  the  courts  and  judges  by  whom  the  several 
classes  of  election  contests  shall  be  tried,  and  regulate  the  manner 
of  trial  and  all  matters  incident  thereto;  but  no  such  law  assign- 
ing jurisdiction,  or  regulating  its  exercise,  shall  apply  to  any  con- 
test arising  out  of  an  election  held  before  its  passage.  (Const.  Art. 
8,  §17.) 

§134.     Classes, 

First  Class —    The  Governor  and  Lieut.  Governor. 
Second  Class — All    other    State    Officers,    including 

Presidential  electors. 
Third  Class —  All  Law  Judges  other  than  Supreme 

Court  Judges. 

Fourth  Class — All  county,  city,  borough,  township, 
ward,  school  district,  etc.   (excepting 
members  of  General  Assembly). 
(1874,  P.  L.  208,  §1.) 

§134-A.  Trial, 

The  first  class,  by  committee  of  the  General  Assembly 

CD. 

The  second  class,  by  the  court  of  common  pleas  of 
Dauphin  County  (2). 

The  third  class,  also  legislators,  by  the  court  of  com- 
mon pleas  of  the  proper  county  (3). 

The  fourth  class,  by  the  quarter  sessions  court  of  the 
proper  county  (4). 

(1)     1874,  P.  L.  208,  §2  —(2)     1874,  P.  L.  208,  §3— 

(3)     1874,  P.  L.  208,  §11— (3)     1874,  P.  L.  208,  §16. 

§135.  Petition  to  contest.  The  petition  for  contesting  an 
election  must  be  filed  within  thirty  (30)  days  after  such  election 
(1),  except  school-directors,  which  must  be  filed  within  ten  (10) 
days  after  election  (2).  (I)  1874,  P.  L.  208,  §18— (2)  1911,  P. 
L.  309,  §223. 

§136.     Number  of  Petitioners, 

A  petition  in  the  first  class  must  be  signed  by  at  least 
one  hundred  (100)  qualified  electors  who  voted  at 
the  election  contested  (1). 
One  in  the  second  class,  by  one  hundred  (100)  electors 

(2). 

One  in  the  third  class,  by  fifty  (50)  such  electors  (2). 
One  in  the  fourth  class,  by  at  least  twenty-five  (25) 

of  such  electors  (2) . 

School-directors,  by  ten  (10)  of  such  electors  (3). 
(1)     1874,  P.  L.  208,  §21— (2)     1874,  P.  L.  208,  §18— 
(3)     191 1,  P.  L.  309,  §223. 
35 


Sec.  137  ELECTIONS. 

§137.  In  a  contested  election  case,  the  Supreme  Court  is  not 
limited  to  a  formal  examination  of  the  record,  but  may  ascertain 
the  facts  from  the  record  and  correct  all  erroneous  conclusions, 
judgments,  or  decrees  based  thereon. 

.  A  petition  alleging  fraud,  mistake,  or  irregularity  in  the  count- 
ing of  ballots  and  praying  that  the  ballot  boxes  be  opened,  and  for 
a  recount,  is  addressed  to  the  sound  discretion  of  the  court,  and 
the  court  does  not  abuse  its  discretion  in  ordering  such  ballot 
boxes  to  be  opened  without  first  requiring  proof  of  the  matters 
alleged. 

Where,  after  the  ballot  boxes  of  certain  districts  of  a  ward  have 
been  opened,  the  respondent  in  the  proceeding  prays  that  the  ballot 
boxes  of  the  remaining  districts  be  opened,  he  thereby  waives  his 
right  to  object  -to  the  original  order.  (Pfaff  v.  Bacon,  249  Pa.  297. 
See  Returns,  32rd  Cong.  Dist.,  256  Pa.  342.) 


36 


PRIMARIES.  Sees.  138-141 


PART  II. 

XI.    ELECTION  DAYS  AND  HOURS. 

§138.  One  primary  is  held  each  year  in  every  election  district 
in  which  nominations  are  made  for  candidates  of  political  parties, 
United  States  Senator,  Representative  in  Congress,  for  all  elective 
state,  county,  city,  ward,  borough,  township,  school  district,  and 
elective  division  or  district  offices,  and  for  all  other  elective  public 
offices,  except  that  of  presidential  elector. 

Fall  Primary,  held  in  odd  numbered  years  on  the  third  Tuesday 
of  September. 

Spring  Primary,  held  in  even  numbered  years  on  the  third 
Tuesday  of  May.  (1919,  P.  L.  836,  §1.) 

§139.  The  polls  shall  be  open  between  7  A.  M.  and  7  P.  M. 
(Eastern  Standard  Time.  1919  P.  L.  282,  §1-68,  P.  L.  J.  310), 
and  all  persons  licensed  to  sell  liquors  must  keep  their  places  of 
business  closed  between  6  A.  M.  and  8  P.  M.  on  the  day  of  the 
primary.  (1913,  P.  L.  719,  §11.)  (This  does  not  seem  to  be  repealed 
by  the  Liquor  Act  of  May  5,  1921,  P.  L.  ,  Act  No.  192,  §9.) 

XH.     ELECTION  OFFICERS— PRELIMINARY  DUTIES. 

See  also  Election    Districts  and  Rooms,  §§280  to  291. 
Overseers,  Duties  of — ,  see  (Subject)  Overseers,  §§242  to  245. 
Watchers,  Duties  of—,  see  (Subject)  Watchers,  §1246  to  254. 

§140.  Primaries  are  conducted  in  the  same  manner  as  other 
elections  by  the  regular  election  boards,  who  are  sworn  before 
entering  upon  their  duties.  See  §  §6  to  17.  (1913,  P.  L.  719,  §11.) 

XIH.    PEACE  OFFICERS. 

A.  GENERAL. 

§141.  No  police  officer  in  commission,  whether  in  uniform 
or  in  citizens'  clothes,  shall  be  within  one  hundred  (100)  feet  of 
a  polling-place  during  the  conduct  of  a  primary  unless  in  the 
exercise  of  his  privilege  of  voting  or  for  the  purpose  of  serving 
warrants,  or  in  case  of  disturbance  of  the  peace;  and  any  police 
officer  being  so  present,  within  one  hundred  (100)  feet  of  a  polling- 
place,  during  the  conduct  of  a  primary,  except  for  the  purposes 
specified,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  pay  a  fine  not  exceeding  five  hundred 
($500.00)  dollars,  or  to  undergo  imprisonment  for  a  term  not 
exceeding  one  (1)  year,  or  either,  or  both,  at  the  discretion  of  the 
court.  (1913,  P.  L.  719,  §23.) 

B.  CONSTABLES. 

Duties,  see  Elections,  §§22  to  26. 

37 


Sees.  142-147  PRIMARIES. 

XIV.     QUALIFICATIONS  OF  VOTERS. 

See  also  §§27  to  40;  Registration,  §§292  to  344. 

A.  GENERAL. 

§142.  Qualifications  of  electors  to  vote  at  primaries  shall  be 
the  same  as  qualifications  of  electors  entitled  to  vote  at  elections, 
except  that,  with  respect  to  the  payment  of  taxes,  it  shall  be 
sufficient  if  an  elector  shall  have  paid  within  two  (2)  years  before 
the  next  succeeding  election,  a  state  or  county  tax  which  shall 
have  been  assessed  at  least  two  (2)  months  before  the  said  election. 
In  boroughs  and  townships  taxes  may  be  paid  on  or  before  the 
primary,  and  in  cities  of  the  second  and  third  class  on  or  before 
the  last  day  to  register.  (1919,  P.  L.  839,  §3.) 

B.  BOROUGHS  AND  TOWNSHIPS. 
See  also  §142. 

§143.  Electors  desiring  to  vote  a  party  ballot  at  the  primary 
must  enroll  according  to  their  party  preference  or  affiliation  (1), 
a  refusal  thereof  will  not  permit  them  to  vote  for  a  party  candidate 
at  the  primary  (2).  (1)  1913,  P.  L.  1043,  §1— (2)  1919,  P.  L. 
839,  §3. 

§144.     (Blank),  Law  Repealed. 

§145.  Elector  Voting  on  Age  must  have  been  enrolled  as  to  his 
party  preference  or  "affiliation  on  or  before  the  sixty-third  or  sixty- 
second  day  before  the  primary.  He  must  make  proper  affidavit 
to  qualify  himself  at  primary. 

(1913,  P.  L.  1043,  §  §  1,  3,  4,  5,  8;  See  also  §  §  27  to  51.) 

§145-A.  A  woman  who  is  registered  and  subsequently  marries 
a  native  born  or  naturalized  citizen  of  the  United  States  between 
the  registration  and  election  day  may  vote  by  making  a  proper 
affidavit;  providing,  she  continues  to  reside  in  the  election  district 
as  required  by  law.  (Editor.) 

C.  CITIES. 

See  also  §142;  Registration,  §§308  to  344. 

§146.  Electors  desiring  to  vote  a  party  ballot  at  the  primary 
must  enroll  according  to  their  party  preference  or  affiliation  (1), 
a  refusal  thereof  will  not  permit  them  to  vote  for  a  party  candidate 
at  the  primary  (2).  (1)  1913,  P.  L.  1043,  §1— (2)  1919,  P.  L. 
839,  §3. 

§147.  Any  person  whose  name  is  on  the  register  of  second 
(1)  and  third  (2)  class  cities  shall  be  entitled  to  vote  at  any 
primary  election,  unless  it  shall  be  shown,  to  the  satisfaction  of 
the  election  officers,  that  he  is  no  longer  a  resident  of  the  election 
district  in  which  he  is  registered.  If  his  name  is  not  registered 
he  shall  not  be  entitled  to  vote  at  any  election.  Before  receiving 

38 


PRIMARIES.  Sees.  147-152 

his  ballot  every  voter  shall  satisfy  the  election  officers  of  his 
identity,  and,  if  challenged,  by  signing  his  name  in  the  place  pro- 
vided for  that  purpose.  (1)  1913,  P.  L.  977,  §17— (2)  1917, 
P.  L.  738,  §6.) 

147-A.  A  woman  who  is  registered  and  subsequently  marries  a 
native  born  or  naturalized  citizen  of  the  United  States  between 
the  registration  and  election  day  may  vote  by  making  a  proper 
affidavit ;  providing,  she  continues  to  reside  in  the  election  district 
as  required  by  law.  (Editor.) 

§148.  An  elector  desiring  to  Vote  on  Age  must  have  been 
registered  before  the  primary.  See  §  §  308  to  342. 

XV.  CHALLENGING. 

See  also  Qualifications  of  Voters,  §147;  Registration,  §§317,318, 
336  and  337. 

§149.  Each  elector  is  entitled  to  the  ballot  of  the  party  in 
which  he  is  enrolled,  provided  that  in  boroughs  and  townships 
if  challenged  he  shall  make  oath  or  affirmation  that  he  voted  for 
the  majority  of  the  candidates  of  that  party  at  the  last  preceding 
election  at  which  he  voted.  If  he  does  not  make  this  oath  or 
affirmation  he  shall  be  refused  the  party  ballot,  except  in  cities 
where  personal  registration  is  required,  all  challenges  respecting 
party  membership  must  be  made  at  the  time  of  such  registration, 
and  in  such  cases  the  designation  of  the  political  party  of  the 
elector  on  the  register  shall  be  conclusive  evidence  of  such 
membership  at  the  succeeding  primary  or  primaries.  (1919,  P.  L. 
839,  §3— See  also  1913,  P.  L.  1043,  §6.) 

XVI.  BALLOTS  AND  VOTING. 

See  also  §§59  to  90. 

Crimes,  see  §§370  to  374. 

Federal  and  State  employees  registered  on  petition  and  voting 
in  second  class  cities,  see  §327. 

Overseers,  Duties  of — ,  See  (Subject)  Overseers,  §  §242  to  245. 
Watchers,  Duties  of—,  see  (Subject)  Watchers,  §§246  to  254. 

§150.  Ballot  Check  List  and  Voting  Check  List  in  boroughs 
and  townships  and  Registers  in  cities  shall  have  a  check  column, 
and  the  officers  and  clerks  keeping  same  shall  make  a  check  or 
notation  of  ballot  as  issued  and  deposited.  (1913,  P.  L.  977,  §7 — 
1911,  P.  L.  1014,  §3.) 

§151.  Write  electors  name  in  the  x  Numbered  Lists  of  Voters 
and  make  notation  as  to  party  ballot  voted.  (1919,  P.  L.  839,  §4.) 

§152.  Official  party  ballots  shall  be  attached  to  stubs,  which 
stubs  shall  be  numbered  consecutively  from  one  to  the  highest 
number  to  be  furnished  the  election  district  and  bound  in  books 
of  fifty  (50)  each.  (1919,  P.  L.  839,  §2.) 

39 


Sees.  153-162  PRIMARIES. 

§153.  No  official  party  ballot  shall  be  taken  or  detached  from 
its  stub  in  any  book  of  ballots,  except  by  an  election  officer  when 
a  person  desiring  to  vote  has  been  found  to  be  a  qualified  elector 
entitled  to  vote.  (1919,  P.  L.  839,  §3.) 

§154.  Not  more  than  one  party  ballot  shall  be  removed  at 
any  one  time  or  given  to  any  voter,  except  when  a  voter  inadver- 
tently spoils  a  ballot,  and  immediately  returns  it  to  the  election 
officers  for  cancellation  in  which  case  he  may  be  given  another. 
(1919,  P.  L.  839,  §3.) 

§155.     (Blank),  Law  Repealed. 
§156.     (Blank),  Law  Repealed. 

§157.  A  voter  asking  assistance  in  marking  his  ballot  at  a 
primary  must  make  affidavit  (in  duplicate)  that  he  cannot  read 
the  names  on  the  ballot  or  that  by  reason  of  disability  he  is  unable 
to  mark  the  ballot.  Assistance  must  not  be  allowed  otherwise. 
(1913,  P.  L.  719,  §11.) 

§158.  The  voter  must  make  a  cross  (X)  in  the  square  to  the 
right  of  each  party  candidate  for  whom  he  desires  to  vote.  If  he 
desires  to  vote  for  a  person  whose  name  is  not  on  the  ballot,  write 
or  paste  his  name  in  the  blank  space  provided  for  that  purpose. 
(1915,  P.  L..1025,§1.) 

§159.  The  voter  may  designate  his  choice  as  is  indicated  by 
the  instructions  shown  on  the  form  of  ballot.  If  he  shall  vote  for 
more  persons  for  any  office  than  there  are  candidates  fro  be  nomi- 
nated or  elected  for  such  office,  or  if  for  any  reason  it  may  be 
impossible  to  determine  his  choice  for  any  office,  his  ballot  shall 
not  be  counted  for  such  office,  but  the  rest  of  his  ballot  if  properly 
marked  shall  be  counted.  No  ballot  shall  be  rejected  for  any 
technical  error  which  does  not  render  it  impossible  to  determine 
the  voter's  choice,  (1915,  P.  L.  1025,  §1.) 

XVH.     CLOSING  THE  POLLS. 

See  also  Ballots  &  Voting,  §§59  to  90,  92;  Return  of  Votes,  §§172 
to  174. 

§160.     The  polls  close  at  7  o'clock  P.  M.     (1913,  P.  L.  719,  §11.) 

§161.  Before  the  ballot  box  is  opened,  announce  the  number 
of  ballots  issued  to  the  voters  of  each  party  as  shown  by  the  stubs. 
Announce  also  the  number  of  spoiled  or  cancelled  ballots  returned. 
Enter  same  on  the  General  Return  Sheets.  (1919,  P.L.  839,  §4.) 

§162.  Count  the  names  marked  in  the  Ballot  Check  List  and 
Voting  Check  List  as  having  voted.  Announce  the  result  and 
compare  with  the  number  of  ballots  issued,  less  any  spoiled  or 
cancelled  ballots.  Also  compare  the  total  with  the  number  of 
names  entered  on  the  Numbered  List  of  Voters.  (1919,  P.  L.  839, 
§4.) 

40 


PRIMARIES.  Sees.  163-171 

§163.  Place  one  copy  of  the  Numbered  List  of  Voters  on  the 
outside  of  the  polling  place.  Place  one  in  the  envelope  as  pro- 
vided to  be  put  in  ballot-box,  the  other  in  the  large  return  en- 
velope. (1919,  P.  L.  839,  §4.) 

§164.  Open  the  ballot  box  and  remove  all  ballots  and  separate 
them  according  to  their  respective  party :  First,  audibly  count  the 
number  cast  for  each  party  one  by  one  and  make  record  thereof. 
Second,  the  judge  or  one  of  the  inspectors  shall  read  aloud  the 
names  marked  on  the  ballots,  keeping  the  ballots  of  each  party  in 
sequence,  and  the  office  for  which  each  person  named  is  a  candi- 
date. The  clerks  shall  enter  each  name  as  read  and  keep  account 
on  triplicate  tally  papers  for  each  party.  No  person  handling 
ballots  shall  have  pencil,  pen,  stamp,  or  other  means  of  marking 
or  spoiling  a  ballot  in  his  hand.  (1919,  P.L.  839,  §4.) 

§165.  Keep  ballots  in  view  but  out  of  reach  of  persons  in  the 
Voting  Room  until  replaced  in  ballot  boxes.  (1919,P.L.839,  §4.) 

§166.     For  various  decisions  as  to  marking  ballots,see  §  §85  to  88. 

§167.     After  the  vote  cast  has  been  recorded  and  counted  on 
the  tally  papers,  certify  to  the  number  of  votes  cast  and  prepare 
triplicate  returns  for  each  party.     Also  general  returns  in  dupli- 
cate.    Post  one  general  return  outside  the  polling  place. 
(1919,  P.  L.  839,  §4.) 

§168.     (Blank)  Law  Repealed. 

§169.     The  ballot  box  shall  contain, 

All  ballots  cast 

Voting  check  list  (boroughs  and  townships  only.) 

One  triplicate  return  sheet  for  each  party. 

One  set  of  tally  papers  for  each  party. 

One  numbered  list  of  voters. 

One  oath  of  election  officers. 

1919,  P.  L.  839,  §4. 

§170.  When  the  proper  election  papers  have  been  deposited  in 
the  ballot  box  and  locked,  the  signatures  of  the  judge  and  inspec- 
tors should  be  affixed  on  a  strip  of  paper  and  pasted  across  the 
opening  in  the  top  or  lid  of  the  box,  which  should  be  tied  securely 
with  red  tape  and  sealing  wax  freely  applied  (1).  The  judge  and 
minority  inspector  shall  return  the  box  together  with  its  contents 
to  the  place  designated  by  the  court  of  common  pleas  or  by  law 
on  or  before  Thursday  following  the  primary  (2).  (1)  1903,  P.  L. 
217,  §1— (2)  1921,  P.  L.  ,  Acts  No.  282,  §1.) 

§171.     Minority  inspector  retains  for  one  year, 

One  set  of  tally  papers  for  each  party. 
One  triplicate  return  sheet  for  each  party. 
One  set  of  affidavits  of  electors  and  other  persons. 
1919,  P.  L.  839,  §4. 

41 


Sees.  172-174  PRIMARIES. 

XVm.     RETURN  OF  VOTES. 

A.  COUNTY  COMMISSIONERS. 

§172.  The  Judge  shall  deliver  to  the  County  Commissioners 
or  place  designated  by  them  on  or  before  noon  of  the  Thursday 
following  the  primary: 

Seal  in  Wrapper,  stubs  of  all  ballots  cast,  together  with 
all  unused,  cancelled  and  spoiled  ballots,  and  Ballot 
Check  Lists  in  boroughs  and  townships. 

In  cities  of  the  second  and  third  class,  Wrapper  contain- 
ing stubs,  unused,  spoiled  and  cancelled  ballots  are 
returned  to  Commissioners,  while  Voting  and  Ballot 
Check  Lists  in  cities  of  the  second  class  (1913,  P.  L. 
977,  §17)  are  put  in  one  envelope  and  returned  to  the 
Board  of  Registration  Commissioners  and  in  cities  of 
the  third  class  (1906,  P.  L.  63,   §13)  to  the  County 
Commissioners. 
One  Numbered  List  of  Voters. 
One  General  Return  Sheet. 
One  Triplicate  Return  Sheet  for  each  party. 
One  set  of  tally  papers  for  each  party. 
One  oaths  of  election  officers. 
One  affidavits  of  electors  and  other  persons. 
(1919,  P.  L.  839,  §4.) 

§173.  The  general  returns  as  soon  as  received  from  the  vari- 
ous judges  shall  be  open  to  public  inspection  at  the  office  of  the 
County  Commissioners,  or  place  designated  by  them.  (1919,  P.L. 
839,  §4.) 

§173-A.  In  representative  congressional  (1),  senatorial  (2),  and 
judicial  (3)  districts  composed  of  two  or  more  counties  or  parts  of 
two  or  more  counties,  return  judges  deposit  the  consolidated 
return  with  the  county  commissioners  of  the  county  in  which  they 
met.  (1)  1921,  P.  L.  ,  Act  No.  216,  §6— (2)  1921,  P.  L.  , 
Act  No.  217,  §7— (3)  1921,  P.  L.  Act  No.  198,  §4.) 

§173-B.  County  commissioners  to  certify  to  secretary  of  com- 
monwealth under  seal,  copy  of  return  of  votes  given  each  person 
in  congressional  (1)  and  senatorial  (2)  districts;  also  certify  copy 
of  such  return  to  be  mailed  each  person  as  nominated  in  such  dis- 
tricts. (1)  1921,  P.  L.  ,  Act  No.  216,  §6— (2)  1921,  P.  L.  , 
Act  No.  217,  §7. 

B.  RETURN  JUDGES. 

See  also  §§107  and  107-A. 

§174.  County  commissioners  appoint  one  of  the  judges  of  elec- 
tions -of  such  county  or  part  of  such  county  as  a  return  judge  to 

42 


PRIMARIES.  Sees.  174-174-C 

% 

compute  consolidated  return  in  congressional  (1),  senatorial  (2), 
and  judicial  (3)  districts  composed  of  two  or  more  counties  or  parts 
of  two  or  more  counties  who  meet  at  the  court  house  as  designated 
in  the  various  districts.  After  computing  the  return,  same  is 
desposited  in  the  county  commissioners  office  of  the  county  in 
which  they  met.  (1)  1921,  P.  L.  ,  Act  No.  216,  §3— (2) 
1921,  P.  L.  ,  Act  No.  217,  §4— (3)  1921,  P.  L.  ,  Act  No.  198,  §4. 

§174-A.  Return  judges  meet  in  congressional  (1)  and  senatorial 
(2)  districts  on  the  Tuesday  next  following  the  day  on  which  the 
official  computation  of  the  county  returns  in  all  such  counties  of 
the  district  shall  have  been  completed.  In  judicial  districts  (3) 
they  meet  on  the  seventh  day  after  the  primary.  (1)  1921,  P.  L. 
,  Act  No.  216,  §5— (2)  1921,  P.  L.  ,  Act  No.  217,  §6— (3) 
1921,  P.  L.  ,  Act  No.  198,  §4. 

§174-B.  In  judicial  districts  composed  of  two  or  more  counties 
or  parts  of  two  or  more  counties,  return  judges  file  one  certified  copy 
of  the  consolidated  return  for  judges  in  the  commissioners  office  of 
the  county  in  which  they  met,  also  send  one  copy  to  the  secretary 
of  the  commonwealth  and  a  copy  to  each  person  nominated. 
(1921,  P.  L.  ,  Act  No.  198,  §5.) 

§  1 74-C .    Representative  Congressional  Districts. 

Return  judges  of  the  following  districts  composed  of  two  or 
more  counties  or  parts  of  two  or  more  counties  meet  at  the  court 
house  of  the  respective  counties. 

Districts  Nos.  Counties 

8th Chester. 

9th Montgomery. 

14th Berks. 

15th Susquehanna. 

16th Tioga. 

17th Northumberland. 

18th Mifflin. 

19th Dauphin. 

21st Blair. 

22nd York. 

•23rd Clearfield. 

24th Fayette. 

25th Washington. 

26th Beaver. 

27th Indiana. 

28th Warren. 

29th ; Crawford. 

30th Northampton. 

(1921,  P.  L.       ,  Act  No.  216,  §4.) 

43 


Sees.  174-D-177 


PRIMARIES. 


§174-D.    State  Senatorial  Districts.    Return  judges  of  the  fol- 
lowing districts  composed  of  two  or  more  countires  or  parts  of  two 
or  more  counties  meet  at  the  court  house  of  the  respective  counties. 
Districts  Nos.  Counties. 

14th Monroe. 

17th Lebanon. 

23rd Bradford. 

24th Lycoming. 

25th Potter. 

26th Clinton. 

27th Northumberland. 

30th Blair. 

31st Perry. 

33rd Franklin. 

34th Clearfield. 

36th Bedford. 

37th Indiana. 

41st Armstrong. 

46th Washington. 

47th Beaver. 

48th Venango. 

50th Crawford. 

(1921,  P.  L.       ,  Act  No.  217,  §5.) 

XIX.  PAY  OF  ELECTION  OFFICERS. 

§175.  The  compensation  for  election  officers  and  clerks  serving 
at  primaries  are  the  same  as  for  such  services  at  elections.  See 
§§116  to  123.  (1913,  P.  L.  719,  §11.) 

XX.  COUNTY  RETURN  BOARD. 
A.     GENERAL. 

§176.  The  County  Commissioners  or  Return  Board  shall  not 
compute  any  returns  from  any  election  district  until  the  ballot 
boxes  have  been  returned  to  the  place  as  designated  by  the  court 
of  common  pleas  or  by  law,  and  package  of  stubs,  unused  ballots, 
etc.,  have  been  returned  to  the  commissioners  or  place  designated 
by  them.  (1921,  P.  L.  ,  Act  No.  282,  §1.) 

§177.  The  County  Commissioners  shall  at  noon  on  Friday 
following  the  day  of  the  primary,  publicly  commence  the  compu- 
tation and  canvassing  of  the  returns,  and  continue  the  same  from 
day  to  day  until  completed  in  the  manner  hereinafter  provided, 
except  that,  if  any  of  the  county  commissioners  of  any  county 
shall  be  a  candidate  for  any  nomination  at  any  primary,  he  shall 
not  act  as  a  member  of  the  Return  Board  for  computing  or  can- 
vassing any  returns  of  such  primary,  but  the  other  two  commis- 
sioners, if  both  are  qualified,  shall  act,  and  in  case  in  any  county 
there  are  not  at  least  two  commissioners  so  qualified,  two  judges 

44 


PRIMARIES.  Sees.  177-180 

of  the  court  of  common  pleas  of  such  county  shall  be  designated 
by  said  court  to  act  as  a  Return  Board,  provided  that  neither  of 
them  are  candidates  for  any .  nomination  at  such  primary  [either 
on  a  party  or  a  non-partisan  ballot] ;  and  if  there  shall  be  only  one 
judge  of  such  court  in  such  county  or  if  less  than  two  judges  are 
qualified  and  able  to  act  in  such  county,  any  judge  who  is  qualified 
may  act  alone,  and  if  there  be  none  qualified,  the  prothonotary  of 
such  county  shall  act  as  the  Return  Board.  The  words  in  brackets 
are  repealed  by  implication  May  10,  1921,  P.  L.  ,  Act  No.  198. 
(1921,  P.  L.  Act  No.  282,  §1.) 

§178.  All  persons  assisting  in  the  official  computation  and 
canvassing  of  the  votes  shall  be  sworn.  (1921,  P.  L.  ,  Act  No. 
282,  §1.) 

§179.  The  County  Commissioners  shall  provide  a  convenient 
public  place  for  holding  the  sessions  of  the  return  board,  whoever 
may  compose  it  as  aforesaid,  with  adequate  accommodations  for 
the  authorized  representatives  of  each  party  and  candidate  con- 
cerned in  any  such  primary,  not  exceeding  two  such  repre- 
sentatives for  each  of  them  at  any  one  time,  to  attend  and  to 
keep  or  check  up  their  own  computations  of  the  votes  cast  in  the 
several  election  districts  as  the  returns  from  the  same  are  read  as 
hereinafter  directed;  and  the  county  commissioners  shall  give  at 
least  one  week's  previous  notice  by  advertising  once  in  at  least 
two  newspapers  of  a  large  paid  circulation,  published  at  the 
county-seat,  of  the  time  aforesaid  and  place  when  and  where  such 
return  board  will  commence  and  hold  its  sessions,  and  keep  copies 
6f  such  advertisement  posted  in  their  office  during  said  period. 
(1921,  P.  L.  ,  Act  No.  282,  §1.) 

B.    TIE  VOTES. 

§180.  In  case  of  a  tie  at  a  primary  election,  the  candidates 
receiving  the  tie  vote  shall  cast  lots  before  the  County  Com- 
missioners or  the  Secretary  of  the  Commonwealth,  as  the  case 
may  be,  on  the  third  Friday  after  the  primary,  and  the  one  to 
whom  the  lot  shall  fall  shall  be  entitled  to  the  nomination  or 
election:  Provided,  however,  That  in  any  case  where  the  fact 
of  a  tie  vote  is  not  authoritatively  determined  until  after  the 
third  Wednesday  after  the  primary,  the  day  for  casting  lots  shall 
be  the  second  day  after  the  fact  of  such  tie  vote  is  authoritatively 
determined.  If  any  candidates  receiving  a  tie  vote  fail  to  appear 
before  twelve  o'clock  noon  on  said  day,  the  County  Com- 
missioners or  the  Secretary  of  the  Commonwealth,  as  the  case 
may  be,  shall  cast  lots  for  him  or  them.  For  the  purpose  of  cast- 
ing lots  any  candidate  may  appear  in  person,  or  by  proxy 
appointed  in  writing.  (1913,  P.  L.  719,  §17.) 

45 


Sees.   181-182 


PRIMARIES. 


C.    CONTESTED  ELECTIONS. 

See  also  Ballots  and  Voting,  §§85,  86  and  87. 

§181.  Court  of  common  pleas  to  Open  Ballot-Boxes  and  Re- 
count Vote  at  Request  of  Three  Qualified  Electors  who  allege  Fraud 
or  Error — Correction  of  Returns  in  Cases  of  Error  or  Fraud. 

Upon  petition  and  the  sworn  affidavit  of  three  qualified  electors  of 
any  election  precinct,  division,  or  district  of  any  county  that,  upon 
information  which  they  consider  reliable,  they  believe  an  act  of 
fraud  or  error,  although  not  manifest  upon  the  general  return  of 
votes  made  therefrom,  has  been  committed  therein,  the  court  of 
common  pleas  may  at  any  time  prior  to  the  completion  of  the  com- 
putation and  canvassing  of  all  the  returns  for  the  county,  open 
the  ballot-box  of  such  election  district,  and  cause  the  entire  vote 
thereof  to  be  recounted  in  manner  aforesaid,  and  if  the  court  dis- 
cover any  fraud  or  material  error,  it  shall  correct,  compute  and 
certify  the  votes  of  such  election  district  justly,  regardless  of  any 
fraudulent  or  erroneous  returns  made  by  the  election  officers 
thereof,  and  correct  any  entries  previously  made  in  the  papers 
being  prepared  by  the  return  board  accordingly.  (See  Brad- 
dock's  Election  Case,  251  Pa.  110).  (1921,  P.  L.  ,  Act  No.  420, 
§1.) 

§182.  Persons  aggrieved  by  Decision  of  Return  Board  may 
Petition  Court — Court  on  Appeal  to  Hear  and  Determine  all 
Matters  Pertaining  to  Fraud — How  Contests  of  Primaries  shall 
be  Conducted — Payment  of  Fees  and  Costs. 

Any  person  aggrieved  by  any  order  or  decision  of  any  return 
board,  not  consisting  of  a  judge  or  judges  of  the  court  of  common 
pleas,  regarding  the  computation  or  canvassing  of  the  returns. 
may  appeal  therefrom,  within  two  days  thereafter,  to  the  court 
of  common  pleas  of  the  proper  county,  setting  forth  why  he  feels 
that  an  injustice  has  been  done,  and  praying  for  such  order  as  will 
give  him  relief,  and,  upon  the  payment  to  the  prothonotary 
of  a  fee  of  three  ($3.00)  dollars  for  filing  such  appeal,  a  judge 
of  the  said  court  shall  fix  a  time  and  place  for  hearing  the 
matter  in  dispute  within  three  days  thereafter,  of  which  due 
notice  shall  be  served,  with  a  copy  of  said  appeal,  by  the 
appellant  upon  one  of  the  return  board  whose  action  is  com- 
plained of,  and  upon  every  attorney  who  opposed  the  con- 
tention of  the  appellant  before  such  return  board,  and  upon 
any  other  person  that  said  judge  shall  direct,  at  least  two  days 
before  said  matter  shall  be  reviewed  by  the  court,  and  proof 
of  such  notice  or  the  waiver  thereof  must  be  filed  therein  before 
any  appeal  is  sustained.  The  court  on  such  appeal  and  upon 
the  opening  of  any  ballot  box  shall  have  full  power  and  authority 
to  hear  and  determine  all  matters  pertaining  to  any  fraud  or 
error  committed  in  any  election  district  to  which  such  appeal 
or  petition  to  open  the  ballot  box  relates,  and  to  make  such 
decree  as  right  and  justice  may  require,  and,  pending  such 

46 


PRIMARIES.  Sees.  182-183-B 

appeal,  or  the  opening  of  any  ballot  box  the  return  board 
shall  suspend  any  official  certification  of  the  votes  cast  in  such 
election  district,  but  none  of  the  orders  or  decisions  of  either 
the  return  board  or  any  judge  or  judges  acting  as  a  return  board 
or  the  court  of  common  pleas  on  any  appeal,  or  the  opening  of  any 
ballot  box  shall  be  deemed  a  final  adjudication  regarding  the  results 
of  any  primary  election  so  as  to  preclude  any  contest  thereof.  Con- 
tests of  primaries  shall  originate  and  be  conducted  as  in  cases  of  elec- 
tions. No  appeal  shall  be  allowed  from  any  decision  of  any  judge 
or  judges  acting  as  a  return  board  or  from  any  order  or  decree  of 
the  court  of  common  pleas  made  in  pursuance  of  this  section ;  and 
the  said  court  may  compel  the  appellant  or  any  opposing  party 
other  than  the  commissioners  or  prothonotary,  to  pay  all  the  witness 
fees,  if  any,  and  other  legal  costs  of  rehearing  any  matter  in  dis- 
pute, which  costs  may  be  taxed  by  the  prothonotary  in  the  usual 
manner.  (1921,  P.  L.  ,  Act  No.  420,  §1.) 

§183.  Where  two  candidates  at  a  primary  election  each  pre- 
sented to  the  court  petitions  for  a  recount  of  the  ballots  on  account 
of  alleged  frauds  in  certain  named  election  precincts,  and,  after 
the  recount  of  the  county  commissioners,  the  court  upon  an 
appeal,  by  one  of  the  candidates,  from  the  recount  of  the  county 
commissioners  inquired  only  into  the  frauds  alleged  in  the  dis- 
tricts covered  by  the  petition  of  the  appellant,  and  threw  out 
sufficient  votes  to  give  the  appellant  the  nomination,  the  candidate 
returned  by  the  county  commissioners  as  nominated  had  no 
standing  to  urge  that  the  court  should  continue  the  inquiry  so 
as  to  include  an  investigation  into  the  precincts  covered  by  the 
petition,  which  he  had  originally  filed  in  the  court,  where  he 
failed  to  appeal  from  the  recount  of  the  county  commissioners 
within  the  time  prescribed  by  the  statute.  (Phillips  Appeal, 
262  Pa.  396.) 

§183-A.  The  Primary  Act  of  July  12,  1913,  P.  L.  719,  §15  as 
amended  July  9,  1919,  P.  L.  852  does  not  authorize  the  commis- 
sioners in  computing  the  vote  cast  at  a  primary  election,  or  the 
court  on  appeal  from  their  action,  to  determine  the  qualifications 
of  those  who  actually  voted,  or  to  exclude  a  poll  because  of  defects 
in  the  election  machinery.  Only  such  matters  can  be  considered 
on  a  contest  of  the  election,  which  "shall  originate  and  be  con- 
ducted as  in  cases  of  general  elections."  (Twenty-eighth  Congres- 
sional District  Nomination,  268  Pa.  313.) 

§183-B.  The  Court  of  Quarter  Sessions  has  no  jurisdiction  to 
entertain  a  petition  to  contest  the  nomination  of  a  candidate  for 
Congress  at  a  primary  election.  (Ransley's  Contested  Election, 
268  Pa.  303.) 


47 


Sees.  184-191  ELECTION  OFFICERS'  DUTIES. 


PART  m. 

XXI.    CLERKS. 

See  also  Crimes,  §§370  to  374;  Elections,  §§1  to  123;  Primaries, 
§§138  to  175. 

§184.  If  any  clerk  shall  neglect  or  refuse  to  take  upon  himself 
the  duties  of  such  office,  he  shall  forfeit  and  pay  the  sum  of  fifty 
($50.00)  dollars,  or  having  entered  upon  the  same,  shall  after- 
wards neglect  or  refuse  to  perform  the  duties  thereof  according  to 
law,  he  shall  forfeit  and  pay  the  sum  of  one  hundred  ($100.00) 
dollars  for  every  such  offense.  (1839,  P.  L.  519,  §100.) 

§185.  If  any  clerk  of  an  election  shall  presume  to  act  in  such 
capacity  before  taking  and  subscribing  the  oath  required  by  this 
act,  he  shall,  on  conviction  be  fined  in  any  sum  not  less  than  fifty 
($50.00)  dollars,  nor  more  than  two  hundred  ($200.00)  dollars. 
(1839,  P.  L.  519,  §101.) 

§186.  If  any  judge  or  minority  inspector  refuses  or  fails  to 
swear  the  officers  of  election  in  the  manner  required  by  this  act, 
or  if  any  officer  of  election  shall  act  without  being  first  duly  sworn, 
or  if  any  officer  of  election  shall  sign  the  form  of  oath  without 
being  duly  sworn,  or  if  any  judge  or  minority  inspector  shall  certify 
that  any  officer  was  sworn  when  he  was  not,  it  shall  be  deemed  a 
misdemeanor,  and,  upon  conviction,  the  officer  or  officers  so 
offending  shall  be  fined  not  exceeding  one  thousand  ($1000.00) 
dollars,  or  imprisoned  not  exceeding  one  (1)  year  or  both,  in  the 
discretion  of  the  court.  (1874,  P.L.  31,  §9.) 

§187.  Take  and  subscribe  to  the  oath  of  office.  (1839,  P.  L. 
519,  §§21  and  22,  also  1874,  P.  L.  31,  §9.) 

§188.  The  election  officer  in  charge  of  the  Voting  Check  List 
shall  insert  the  letter  "V"  in  the  space  provided  for  that  purpose 
when  the  elector  deposits  his  ballot. 

The  election  officer  in  charge  of  the  ballots  shall  announce  the 
names  of  all  persons  offering  to  vote  and  detach  and  deliver  to  a 
voter  a  ballot  when  entitled  to  one.  (1893,  P.  L.  419,  §21.) 

§189.  Make  two  copies  of  each  oath  or  affirmation,  subscribed 
by  inspectors,  judge  and  clerks,  and  certify  to  the  same.  (1839, 
P.  L.  519,  §§19,  20,  21  and  22,  also  1874,  P.  L.  31,  §9.) 

§190.  At  elections,  clerks  shall  keep  two  numbered  lists  of 
voters  (1839,  P.  L.  519,  §§19,  20,  21  and  22,  also  1874,  P.  L.  31,  §9) 
and  at  primaries,  three  such  lists  (1919,  P.  L.  839,  §4.) 

§191.  Each  clerk  shall  record  each  vote  on  the  tally  papers 
as  read  by  the  judge.  (Elections:  1903,  P.  L.  338,  §5— Primary 
1919,  P.  L.  839,  §4.) 

48 


ELECTION  OFFICERS'  DUTIES.          Sees.  192-198 

§192.  Assist  the  election  officers  in  the  general  duties  of  holding 
the  election,  making  up  package  of  stubs  and  unused  ballots,  and 
other  sealed  and  unsealed  packages  required  by  law,  counting  the 
vote,  announcing  and  posting  the  result,  sealing  the  returns,  and 
preparing  and  sealing  the  ballot  box. 

To  be  thoroughly  competent,  clerks  should  carefully  study  the 
duties  of  all  election  officers.  (Editor.) 

XXH.    INSPECTORS. 

See  also  (Subjects)  Crimes,  §§370  to  374;  Elections,  §§1  to  123 
and  131;  Incompatible  Offices,  §§345  to  369-D;  Primaries, 
§§138  to  183. 

§193.  A  judge  and  two  inspectors  shall  compose  the  regular 
Election  Board.  They  shall  be  chosen  biennially  in  odd  numbered 
years  by  the  citizens.  Each  voter  may  vote  for  a  judge  and  one 
inspector  only.  Each  inspector  shall  appoint  one  clerk.  (Const. 
Art.  8,  §14.) 

§194.  The  two  persons  having  the  greatest  number  of  votes 
for  inspectors  shall  in  like  manner  be  declared  to  be  elected. 
(1839,  P.  L.  519,  §4.) 

§195.  At  an  election  if  there  is  a  tie  vote  for  judge,  the  majority 
inspector  appoints.  If  two  inspectors  receive  a  tie  vote  the 
majority  inspector  is  decided  by  casting  lots.  The  person  so 
decided  majority  inspector  appoints  a  judge  if  there  be  a  tie  for 
judge.  (1897,  P.  L.  78,  §1.) 

§196.     Vacancies  occurring  in  the  office  of  judge  or  inspector 
previous  to  election  may  be  filled  by  the  Judge  of  the  Court  of 
Quarter  Sessions  upon  petition  and  proof  of  vacancy.    (1921,  P.  L. 
,  Act  No.  268,  §1.) 

§196-A.  Polling  places  in  which  new  townships,  boroughs  or 
election  districts  are  erected,  the  Court  of  Quarter  Sessions  appoints 
the  officers  for  holding  the  first  election.  (1854,  P.  L.  419,  §2,  and 
1855,  P.  L.  5,  §1.) 

§197.  The  judge  or  inspector  who  without  good  cause  fails  or 
neglects  to  attend  at  the  time  of  opening  the  polls  shall  in  every 
such  case  forfeit  the  sum  of  twenty  ($20.00)  dollars.  (1839,  P.  L. 
519,  §99.) 

§198.  If  any  inspector,  judge  or  clerk  shall  neglect  or  refuse 
to  take  upon  himself  the  duties  of  such  office,  he  shall  forfeit  and 
pay  the  sum  of  fifty  ($50.00)  dollars,  or  having  entered  upon  the 
same  shall  afterwards  neglect  or  refuse  to  perform  the  duties 
thereof  according  to  law,  he  shall  forfeit  and  pay  the  sum  of  one 
hundred  ($100.00)  dollars  for  every  such  offense.  (1839,  P.  L.  519, 
§100.) 

49 


Sees.  199-209  ELECTION  OFFICERS'  DUTIES. 

§199.  If  any  inspector,  judge  or  clerk  of  an  election  shall  pre- 
sume to  act  in  such  capacity  before  taking  and  subscribing  the 
oath  required  by  this  act,  he  shall  on  conviction,  be  fined  in  any 
sum  not  less  than  fifty  ($50.00)  dollars,  nor  more  than  two  hundred 
($200.00)  dollars.  (1839,  P.  L.  519,  §101.) 

§200.  If  any  judge  or  minority  inspector  refuses  or  fails  to  swear 
the  officers  of  election  in  the  manner  required  by  this  act,  or  if 
any  officer  of  election  shall  act  without  being  first  duly  sworn,  or 
if  any  officer  of  election  shall  sign  the  form  of  oath  without  being 
duly  sworn,  or  if  any  judge  or  minority  inspector  shall  certify 
that  any  officer  was  sworn  when  he  was  not,  it  shall  be  deemed 
a  misdemeanor,  and,  upon  conviction,  the  officer  or  officers  so 
offending  shall  be  fined  not  exceeding  one  thousand  ($1000.00) 
dollars,  or  imprisoned  not  exceeding  one  year  or  both,  in  the  dis- 
cretion of  the  court.  (1874,  P.  L.  31,  §9.) 

§201.  When  the  judge  shall  not  attend,  the  majority  inspector 
shall  appoint  a  judge  in  his  place. 

When  the  minority  inspector  shall  not  attend,  the  person  who 
received  the  next  highest  number  of  votes  for  judge  shall  act  in 
his  stead.  (1839,  P.  L.  519,  §16.) 

§202.  When  the  majority  inspector  shall  not  attend  the  judge 
shall  appoint  an  inspector  in  his  place.  (1839,  P.  L.  519,  §16.) 

§203.  When  a  clerk  shall  not  attend,  the  inspector  who 
appointed  him,  or  the  inspector  acting  in  his  place,  shall  appoint 
a  clerk  to  fill  the  vacancy.  (1839,  P.  L.  519,  §17.) 

§204.  The  minority  inspector  shall  swear  or  affirm  the  judge 
of  election.  (1839,  P.  L.  519,  §§20  and  22,  also  1874,  P.  L.  31,  §9.) 

§205.  Both  inspectors  shall  be  sworn  or  affirmed  by  the  judge. 
(1839,  P.  L.  519,  §§19  and  22,  also  1874,  P.  L.  31,  §9.) 

§206.  Decide  upon  the  qualifications  of  electors.  (1839,  P.  L. 
519,  §6;  See  also  49  Pa.  Super.  Ct.  592  and  600.) 

§207.  One  inspector  shall  have  charge  of  the  ballot  box;  (1), 
the  other  inspector  shall  have  charge  of  one  of  the  Check  Lists 
(2).  (1)  (2)  1874,  P.  L.  31,  §8. 

§208.  The  election  officer  in  charge  of  the  Ballot  Check  List 
shall  call  out  the  name  of  the  person  offering  to  vote,  if  registered, 
and  mark  the  letter  "B"  against  his  name  in  the  space  provided 
for  that  purpose  when  the  voter  received  his  ballot.  (1893,  P.  L. 
419,  §21.) 

§209.  The  inspector  in  charge  of  the  ballot  box  shall  announce 
the  name  of  the  person  voting,  and  require  voter  to  deposit  his 
ballot  in  the  box.  (1839,  P.  L.  519,  §70,  also  1919,  P.  L.  829,  §1.) 

50 


ELECTION  OFFICERS'  DUTIES.          Sees.  210-219 

§210.  Shall  add,  or  cause  to  be  added  to  both  Check  Lists, 
name  of  electors  not  registered,  when  they  shall  have  established 
their  right  to  vote,  in  boroughs  and  townships  only  (1).  In  cities, 
names  cannot  be  added.  (2).  (1)  1893,  P.  L.  419,  §21— (2)  1913, 
P.  L.  977,  §17.) 

§211.  May  administer  oaths  to,  and  examine  persons  claiming 
the  right  to  vote.  See  (Subjects)  Challenging  §§54  to  58;  Quali- 
fications of  Voters,  §§27  to  51.  (1840,  P.  L.  683,  §14.) 

§212.  After  the  polls  are  closed,  count  and  announce  the 
number  of  names  checked  on  the  Voting  Check  List.  (1903,  P.  L. 
338,  §5.) 

§213.  Open  the  ballot  box  and  count  and  announce  the  num- 
ber of  ballots  cast.  (Elections,  1903,  P.  L.  338,  §5.) 

§214.  Inspect  the  counting  of  the  votes  by  the  judge  and 
clerks.  Inspectors  shall  not  have  in  their  hand  any  pen,  pencil, 
or  stamp  for  marking  while  counting  ballots.  (Elections,  1903,  P. 
L.  338,  §5— Primary,  1919,  P.  L.  839,  §4.) 

§215.  At  Elections,  minority  inspector  shall  retain  in  his 
possession,  one  of  the  complete  triplicate  return  sheets  in  a 
sealed  envelope.  (1909,  P.  L.  425,  §1.) 

§216.     At  Primaries,  minority  inspector  retains  for  one  year, 
One  set  of  tally  papers  for  each  party. 
One  triplicate  return  sheet  for  each  party. 
One  set  of  affidavits  of  electors  and  other  persons. 
(1921,  P.  L.      ,  Act  No.  282,  §1.) 

§217.  At  Elections,  minority  inspector  and  the  judge  shall 
deliver  the  ballot  box  to  the  place  designated  for  its  safe  keeping, 
and  if  no  place  has  been  so  designated  by  the  court  of  common 
pleas,  then  to  the  nearest  justice  of  the  peace  or  alderman. 
(1909,  P.  L.  425,  §1.) 

§218.  At  Primaries,  note  on  the  General  Return  Sheets  in 
duplicate,  the  number  of  ballots  issued  to  the  voters  of  each  party 
and  the  number  cast  for  each  party,  and  the  number  declared 
void  including  any  blank  ballots  cast  also  votes  for  each  candidate 
on  each  part  ticket.  Deliver  ballot  box  to  the  place  designated 
by  the  court  of  common  pleas  or  by  law.  (1921,  P.  L.  ,  Act  No. 
282,  §1.) 

XXIH.    JUDGE  OF  ELECTION. 

See  also  (Subjects)  Crimes,  i§370  to  374;  Elections,  §§1  to  123 
and  131;  Incompatible  Offices,  §§345  to  369-D;  Primaries, 
§§138  to  183. 

§219.  A  judge  and  two  inspectors  shall  compose  the  regular 
Election  Board.  They  shall  be  chosen  biennially  in  odd  numbered 
years  by  the  citizens.  (Const.  Art.  8,  §14.) 

51 


Sees.  220-226  ELECTION  OFFICERS'  DUTIES. 

§220.  At  an  election  if  there  is  a  tie  vote  for  judge,  the  majority 
inspector  appoints.  If  two  inspectors  receive  a  tie  vote  the 
majority  inspector  is  decided  by  casting  lots.  The  person  so 
decided  majority  inspector  appoints  a  judge  if  there  be  a  tie  for 
Judge.  (1897,  P.  L.  78,  §1.) 

§220-A.  Polling  places  in  which  new  townships,  boroughs,  or 
election  districts  are  erected,  the  Court  of  Quarter  Sessions  appoints 
the  officers  for  holding  the  first  election.  (1854,  P.  L.  419,  §2  and 
1855,  P.  L.  5,  §1.) 

§221.  Vacancies  occurring  in  the  office  of  judge  or  inspector 
previous  to  election  may  be  filled  by  the  judge  of  the  Court  of 
Quarter  Sessions  upon  petition  and  proper  proof  of  the  vacancy. 
(1921,  P.  L.  ,  Act  No.  268,  §1.) 

§222.  The  judge  or  inspector  who  without  good  cause  fails  or 
neglects  to  attend  at  the  time  of  opening  the  polls  shall  in  every 
such  case  forfeit  the  sum  of  twenty  ($20.00)  dollars.  (1839,  P.  L. 
519,  §99.) 

§223.  If  any  inspector,  judge  or  clerk  shall  neglect  or  refuse 
to  take  upon  himself  the  duties  of  such  office,  he  shall  forfeit  and 
pay  the  sum  of  fifty  ($50.00)  dollars,  or  having  entered  upon  the 
same,  shall  afterwards  neglect  or  refuse  to  perform  the  duties 
thereof  according  to  law,  he  shall  forfeit  and  pay  the  sum  of  one 
hundred  ($100.00)  dollars  for  every  such  offense.  (1839,  P.  L.  519, 
§100.) 

§224.  If  any  inspector,  judge  or  clerk  of  an  election  shall  pre- 
sume to  act  in  such  capacity  before  taking  and  subscribing  the 
oath  required  by  this  act,  he  shall,  on  conviction,  be  fined  in  any 
sum  not  less  than  fifty  ($50.00)  dollars,  nor  more  than  two  hundred 
($200.00)  dollars.  (1839,  P.  L.  519,  §101.) 

§225.  If  any  judge  or  minority  inspector  refuses  or  fails  to 
swear  the  officers  of  election  in  the  manner  required  by  this  act, 
or  if  any  officer  of  election  shall  act  without  being  first  duly  sworn, 
or  if  any  officer  of  election  shall  sign  the  form  of  oath  without 
being  duly  sworn,  or  if  any  judge  or  minority  inspector  shall 
certify  that  any  officer  was  sworn  when  he  was  not,  it  shall  be 
deemed  a  misdemeanor,  and,  upon  conviction,  the  officer  or  officers 
so  offending  shall  be  fined  not  exceeding  one  thousand  ($1000.00) 
dollars,  or  imprisoned  not  exceeding  one  year  or  both,  in  the  dis- 
cretion of  the  court.  (1874,  P.  L.  31,  §9.) 

§226.  Receive  package  containing  ballots,  specimen  ballots, 
cards  of  instruction,  penalties  and  other  necessary  papers,  etc., 
from  the  county  commissioners  and  receipt  to  them  for  same. 

The  county  commissioners  may  deliver  the  package  containing 
the  ballots,  etc.,  to  the  judges  or  require  the  judges  to  call  on  the 
day  before  the  election  to  receive  same.  In  any  case  the  judge 
must  exhibit  to  the  county  commissioners  his  certificate  of  -elec- 
tion before  receiving  the  package.  (Elections,  1893,  P.  L.  419,  §17 
—Primaries,  1919,  P.  L.  839,  §2.) 

52 


ELECTION  OFFICERS'  DUTIES.          Sees.  227-239 

§227.  Appoint  an  inspector  to  act  in  his  place  when  prevented 
by  illness  from  performing  his  duties  as  aforesaid. 

In  this  case  the  inspector  should  exhibit  to  the  county  commis- 
sioners his  appointment  in  writing,  together  with  his  certificate 
of  election  as  inspector  and  the  certificate  of  the  election  of  the 
judge. 

Keep  said  package  sealed  until  opened  in  the  presence  of  the 
election  board.  (1893,  P.  L.  419,  §17.) 

§228.  Publicly  open  package  containing  ballots,  cards  of 
instruction,  etc.  (1893,  P.  L.  419,  §20.) 

§229.  Replace  ballots  when  original  are  not  delivered,  lost  or 
stolen.  (1893,  P.  L.  419,  §18.) 

§230.  Be  sworn  or  affirmed  by  the  minority  inspector,  or  in  his 
absence  by  a  justice  of  the  peace  or  alderman.  (1839,  P.  L.  519, 
§|20  and  22,  also  1874,  P.  L.  31,  §9.) 

§231.  Appoint  majority  inspector  if  one  elected  to  office  fails 
to  attend,  also  see  that  all  clerks  are  duly  appointed  and  if  any 
vacancies  exist  one  hour  after  poll  opens,  elect  necessary  qualified 
electors  from  those  present  to  fill  such  vacancies.  (1839,  P.  L.  519, 
§16.) 

§232.  Swear  or  affirm  inspectors,  overseers  and  clerks. 
(1839,  P.  L.  519,  §§19,  21  and  22,  also  1874,  P.  L.  31,  §9.) 

§233.  Make  and  attest  certificates  of  oaths  which  shall  be 
signed  by  persons  so  sworn.  (1839,  P.  L/519,  §  §19,  21  and  22,  also 
1874,  P.  L.  31,  §9.) 

§234.  Assign  duties  and  positions  of  election  officers  (see  dia- 
gram of  election  room  p.  5). 

The  arrangement  of  the  inspectors  and  clerks  shown  in  the 
diagram  of  voting  room  is  not  mandatory,  but  is  recommended, 
so  that  the  officers  and  clerks  of  different  political  parties  may  be 
a  check  on  each  other,  and  to  comply  with  the  general  election 
law.  (Editor.) 

§235.  Decide  questions  when  the  inspectors  disagree  as  to  an 
elector's  right  to  vote,  and  for  this  purpose  may  examine  under 
oath  persons  claiming  such  right.  (1839,  P.  L.  519,  §6,  see  also  47 
Pa.  Super.  Ct.  592  and  600.) 

§236.  Write  or  stamp  the  word  " Voted"  on  the  certificate  of 
naturalization  with  the  day,  month,  and  year  and  the  name  of 
the  person  voting  on  naturalization  papers.  (1874,  P.  L.  31,  §11.) 

§237.  Permit  elector  to  have  assistance  in  the  preparation  of 
his  ballot.  (1903,  P.  L.  338,  §6.) 

§238.  At  primary  elections  elector  is  required  to  make  affidavit 
of  his  disability  before  being  allowed  assistance.  (1913,  P.  L.  719, 
§11,  paragraph  3.) 

§239.  Transmit  all  ballots  unlawfully  obtained  to  the  district 
attorney  with  information  concerning  them.  (1903,  P.  L.  338,  §4-) 

53 


Sees.  240-248         ELECTION  OFFICERS'  DUTIES. 

§240,  Require  peace  officers  to  perform  their  duties.  See  §§18 
to  26  and  141.  (1839,  P.  L.  519,  §§111, 112  and  113.) 

§240A.  The  minority  inspector  and  the  judge  shall  deliver 
the  ballot  box  to  the  place  designated  for  its  safe  keeping,  and  if 
no  place  has  been  so  designated  by  the  Court  of  Common  Pleas, 
then  to  the  nearest  justice  of  the  peace  or  alderman.  (1909,  P.  L. 
425,  §1.) 

§241.  At  primaries,  ballot  box  is  delivered  to  County  Com- 
missioners or  place  designated  by  them.  (1919,  P.  L.  839,  §4.) 

XXIV.     OVERSEERS  OF  ELECTIONS. 

See  also  Crimes,  §§370  to  374;  Elections,  §§1  to  123;  Primaries, 
§§138  to  183. 

§242.  Upon  the  petition  of  five  or  more  citizens  of  an  election 
district,  the  Court  of  Common  Pleas  shall  appoint  two  electors  of 
different  political  parties  to  act  as  overseers  of  the  election  (1) 
and  primary  (2).  (1)  1874,  P.  L.  31,  §4—  (2)  1913,  P.  L.  719,  §20. 

§243.  Overseers  are  sworn  by  the  Judge  of  Election.  (1874, 
P.  L.  31,  §9.) 

§244.  Privileges  of  Overseers  at  Elections  (1)  or  Primaries  (2) ; 
may  be  present  with  the  election  officers  during  the  whole  time 
the  election  is  held,  the  votes  counted  and  the  returns  made  out 
and  signed  by  the  election  officers. 

May  keep  a  list  of  voters. 

Election  officers  are  forbidden  to  interfere  with  the  duties  of 
overseers,  under  a  penalty  of  fine  and  imprisonment.  (1)  1874, 
P.  L.  31,  §4—  (2)  1913,  P.  L.  719,  §20. 

§245.  Overseers  may  challenge  in  boroughs  and  townships  any 
person  offering  to  vote,  interrogate  him  and  his  witnesses  under 
oath  and  examine  his  papers  (1).  In  cities  of  the  second  (2)  and 
third  (3)  class,  if  elector  is  challenged  he  shall  sign  his  name  in 
the  register  at  the  place  provided  for  that  purpose.  If  his  name 
is  not  registered  he  shall  not  be  entitled  to  vote.  (1)  1874,  P.  L. 
31,  §4— (2)  1913,  P.  L.  977,  §17— (3)  1907,  P.  L.  251,  §5. 

XXV.    WATCHERS. 

See  also  Crimes,  §§370  to  374;  Elections  §§1  to  123;  Primaries, 
§§138  to  183. 

§246.  Each  political  party  on  the  ballot  at  an  election  may 
appoint  three  electors  to  act  as  watchers.  (1903,  P.  L.  213,  §1.) 

§247.  Each  watcher  shall  have  a  certificate  of  appointment 
from  the  County  Commissioners.  (Elections,  1903,  P,  L.  213,  §1 ; 
Primaries,  1913,  P.L.  719,  §21.) 

§248.  Only  one  watcher  of  each  party  or  policy  may  be  in  the 
voting  room  at  one  time,  while  the  election  is  in  progress. 
(1903,  P.  L.  213,  §1.) 

54 


ELECTION  OFFICERS'  DUTIES.         Sees.  249-254 

§249.  Shall  be  required  to  show  certificates  when  requested  t© 
do  so  by  election  officers.  (1903,  P.  L.  213,  §1.) 

§250.     May  keep  poll  books.     (1893,  P.  L.  419,  §24.) 

§251.  All  watchers  may  remain  in  the  voting  room  outside  the 
guard  rail  while  the  vote  is  being  counted.  (1903,  P.  L.  338,  §5.) 

§252.  At  the  Primary  each  candidate  may  appoint  two  watch- 
ers. (1913,  P.  L.  719,  §21.) 

§253.     (Blank),  Law  Repealed. 

§254.  Each  political  party  who  is  entitled  to  have  watchers  at 
the  general  election  may  appoint  not  more  than  three  watchers 
for  each  place  of  registration  in  cities  of  the  second  (1)  and  third 
(2)  class.  No  more  than  one  watcher  from  each  party  to  be 
present  at  any  one  time.  Watchers  shall  be  entitled  to  be  present 
at  each  registration  day.  Certificate  to  be  furnished  by  county 
commissioners.  Watchers  shall  have  power  to  challenge. 
(1)  1913,  P.  L.  977,  §11— (2)  1906,  P.  L.  63,  §8. 


f>5 


Sees.  255-261  COUNTY  OFFICERS'  DUTIES. 


PART  IV. 

XXVI.  CLERK  OF  QUARTER  SESSIONS. 

See  also  (Subjects)  Candidates— Expenses,  §§469  to  490;  Re- 
turn of  Votes,  §§113  to  115. 

§255.  Certificate  of  election  for  school  directors  where  such 
officers  are  elected  shall  be  made  by  the  clerk  or  prothonotary 
within  ten  (10)  days  after  the  result  of  such  election  is  ascer- 
tained and  a  copy  sent  to  the  president  of  the  school  board. 
(1911,  P.  L.  309,  §222.) 

XXVII.  COUNTY  COMMISSIONERS. 

See  also  (Subjects)  Candidates,  §§375  to  468;  Election  Districts 
and  Rooms,  §§280  to  291 ;  Elections,  §§1  to  137;  Incompatible 
Offices,  §§345  to  369-D;  Primaries,  §§138  to  183;  Registration, 
§292  to  344. 

A.    PRIMARIES. 

§256.  Petitions  of  candidates  for  county,  borough,  township 
and  ward  offices  must  be  filed  at  least  four  (4)  weeks  prior  to  the 
primary.  (1919,  P.  L.  839,  §1.)  Refuse  to  receive  petitions  when 
found  manifestly  defective.  (1913,  P.  L.  719,  §8.) 

§257.     (Blank),  Law  Repealed. 

§258.  County  Commissioners  furnish  to  each  election  district 
one  book  of  fifty  (50)  official  ballots  of  each  party  for  every  forty 
(40)  and  fraction  of  forty  votes  cast  within  the  election  district 
for  the  candidate  of  the  particular  party  who  received  the  largest 
vote  cast  for  any  candidate  of  such  party  at  any  of  the  last  three 
preceding  general  or  municipal  elections.  (1919,  P.  L.  839,  §2.) 

§259.  No  additional  ballots  shall  be  furnished  any  party  in 
any  election  district,  unless  the  number  of  electors  registered  and 
enrolled  of  any  particular  party  in  any  election  district  shall 
exceed  the  largest  vote  aforesaid,  in  which  case  the  county  com- 
missioners shall  furnish  ballots  for  said  party  in  the  ratio  afore- 
said, upon  the  basis  of  such  enrollment  or  registration.  (1919, 
P.  L.  839,  §2.) 

§260.  Print  ballots,  specimen  ballots,  cards  of  instruction, 
penalties,  stationery,  etc.,  and  deliver  package  containing  same 
to  each  judge  of  election  on  the  Saturday  or  Monday  before  the 
primary.  They  may  notify  the  judges,  if  they  prefer,  to  call  at 
their  office  the  day  before  election  to  receive  and  receipt  for  the 
package.  (1919,  P.  L.  839,  §2.) 

§261.  Keep  a  record  of  the  number  of  ballots  printed  and  for- 
ward to  each  election  district  as  well  as  the  number  of  stubs, 
unused,  spoiled  and  cancelled  ballots,  subsequently  returned 
therefrom.  (1919,  P.  L.  839,  §2.) 

56 


COUNTY  OFFICERS'  DUTIES.          Sees.  262-270 

§262.  Provide  for  each  election  district  in  boroughs  and  town- 
ships, two  copies  of  the  assessor's  lists  or  registers,  i.  e.,  The  Ballot 
Check  List  and  the  Voting  Check  List  (1)  and  in  third  class  cities, 
two  registers  to  be  used  in  place  of  the  above  named  books  (2), 
and  in  second  class  cities  (3)  see  that  registers  are  delivered  to 
each  polling  place  on  election  days.  The  above  Ballot  Check 
Lists  and  Voting  Check  Lists  as  well  as  the  Registers  shall  have 
separate  columns  for  party  ballots.  (1)  1919,  P.  L.  839,  §2— (2) 
1906,  P.  L.  63,  §13— (3)  1921,  P.  L.  ,  Act  No.  121,  §1.) 

B.    ELECTIONS. 

§263.  Receive  nomination  papers  for  county,  city  and  ward, 
borough,  township  offices,  school  directors  and  election  officers 
which  shall  be  filed  at  least  twenty-eight  (28)  days  before  the 
election. 

In  reckoning  time  as  above,  exclude  the  day  of  filing  but  count 
election  day.  (1919,  P.  L.  832,  §1.) 

§264.  Examine  and  refuse  to  file  nomination  papers  when 
found  manifestly  defective.  (1919,  P.  L.  832,  §2.) 

§265.  Permit  parties  who  have  filed  nomination  papers  for 
election  to  amend  them  at  any  time  before  ballot?  are  printed. 
(1919,  P.  L.  832,  §2.) 

§266.  Candidates  wishing  to  withdraw  their  names  may  do 
so  by  filing  their  request  with  the  commissioners  at  least  twenty- 
five  (25)  days  previous  to  the  election.  (1919,  P.  L.  832,  §3.) 

§266-A.  Increasing  indebtedness  of  various  municipalities. 
Ballot  to  be  used  at  an  election  to  ascertain  whether  the  indebted- 
ness of  a  municipality  shall  be  increased  must  be  an  official  ballot 
furnished  by  the  County  Commissioners  and  in  the  form  pre- 
scribed by  the  Act  of  April  29,  1903,  P.  L.  338,  §2.  (168  Pa.  578; 
224  Pa.  425;  231  Pa.  461;  52  P.  L.  J.  178.) 

§267.  Commissioners  to  transmit  to  sheriff  at  least  ten  (10) 
days  before  any  general  election,  lists  of  candidates  nominated 
by  nomination  papers  filed  in  their  office.  (1903,  P.  L.  338,  §1.) 

§268.  Mistakes  in  publication  of  names  on  ballots  shall  be 
corrected  when  required  to  do  so  by  Common  Pleas  Court  or  any 
Judge  thereof.  (1893,  P.  L.  419,  §15.) 

§269.  Keep  nomination  papers  for  two  years  after  filing  for 
inspection.  (1893,  P.  L.  419,  §8.) 

§269-A     Commissioners  to  cause  ballots  to  be  printed.    They 
shall  ascertain  the  offices  to  be  filled,  and  be  responsible  for  accu- 
rate printing  of  ballots  and  safe  keeping  thereof  while  in  their  pos 
session.    (1893,  P.  L.  419,  §13 ;  29  D.  R.  946.) 

§270.  Print  ballots,  specimen  ballots,  cards  of  instruction, 
penalties,  stationery,  etc.,  and  deliver  package  containing  same  to 
each  judge  of  election  on  Saturday  or  Monday  before  election. 

57 


Sees.  270-275  COUNTY  OFFICERS'  DUTIES. 

They  may  notify  the  judges,  if  they  prefer  to  call  at  their  office 
the  day  before  election  to  receive  and  receipt  for  the  package. 
(1893,  P.  L.  419,  §17.  1921,  P.  L.  ,  Act  No.  400,  §1.) 

§271.  Keep  a  record  of  the  number  of  ballots  printed  and 
furnished  to  each  voting  place.  (1893,  P.  L.  419,  §15.) 

§272.  Provide  for  each  election  district  in  boroughs  and  town- 
ships, two  copies  of  the  assessor's  list  of  voters  arranged  alpha- 
betically, viz:  The /'Ballot  Check  List"  and  the  "Voting  Check 
List"  (1),  and  in  third  class  cities,  two  registers  to  be  used  in  place 
of  the  above  named  books  (2).  In  second  and  third  class  cities  see 
that  registers  are  delivered  to  each  polling  place  on  election  days. 
(1)  1921,  P.  L.  ,  Act  No.  400,  §1,  also  1921,  P.  L.  ,  Act  No.121, 
§1.— (2)  1906,  P.  L.  63,  §13.) 

XXVHI.    PROTHONOTARY. 

See  also  (Subject)  Return  of  Votes,  §§112  &  113-B. 

§273.  Duties  in  presenting  the  returns  of  elections  to  the 
common  pleas  courts,  see  §§127  to  131. 

§274.  Certificate  of  election  for  school  directors  where  such 
officers  are  elected  shall  be  made  by  the  clerk  or  prothonotary 
within  ten  (10)  days  after  the  result  of  such  election  is  ascer- 
tained and  a  copy  sent  to  the  President  of  the  School  Board. 
(1911,  P.  L.  309,  §222.) 

XXIX.     SHERIFFS. 

§275.  Proclamation  to  be  issued  by  sheriff.  It  shall  be  the 
duty  of  the  sheriff  of  every  county,  at  least  ten  (10)  days  before 
any  general  election  to  be  held  therein,  except  borough  and  town- 
ship elections,  to  give  notice  of  the  same  by  advertisements  in 
at  least  three  newspapers,  if  there  be  so  many  published  in  the 
county,  two  of  said  newspapers  representing  so  far  as  practicable 
the  political  party  which  at  the  preceding  November  election 
cast  the  largest  number  of  votes,  and  the  other  one  of 
said  newspapers  representing  so  far  as  practicable  the  political 
party  which  at  the  preceding  November  election  cast  the  next 
largest  number  of  votes,  and  in  addition  thereto  the  sheriff  of 
every  county  shall,  at  least  ten  (10)  days  before  any  general  elec- 
tion to  be  held  in  cities  of  the  first,  second,  and  third  classes,  give 
notice  of  the  same  by  proclamation  posted  up  in  the  most  con- 
spicuous places  in  every  election  district  in  said  cities  of  the  first, 
second  and  third  classes  and  in  every  such  advertisement  or 
proclamation. 

I.  Enumerate  the  officers  to  be  elected  and  give  a  list  of  all 
the  nominations  made  as  provided  in  this  act  and  to  be  voted  for 
in  such  county,  and  the  full  text  of  all  constitutional  amendments 
submitted  to  a  vote  of  the  people,  but  the  proclamation  posted  in 
each  election  district  need  not  contain  the  names  of  any  candidates 
but  those  to  be  voted  for  in  such  district. 

58 


COUNTY  OFFICERS'  DUTIES.  Sees.  275-279 

II.  Designate  the  place  at  which  the  election  is  to  be  held. 
(1895,  P.  L.  392,  §1.) 

§276.  In  contracting  for  the  publication  of  the  election  pro- 
clamation, the  sheriff  acts  as  the  agent  of  the  public,  and  the 
coujnty  is  directly  liable  to  the  publishers  for  the  advertising 
expenses  this  incurred. 

If  the  sheriff  exceeds  his  authority,  the  county  is  not  liable,  but 
the  limits  of  his  authority  so  far  as  the  selection  of  the  newspapers 
is  concerned,  are  prescribed  by  the  statute  and  cannot  be  narrowed 
or  enlarged  by  any  action  of  the  county  commissioners.  (Graham 
v.  Schuylkill  County,  16  Pa.  Superior  Ct.  180.) 

§277.  He  shall  give  notice  that  every  person,  excepting  justices 
of  the  peace,  who  shall  hold  any  office  or  appointment  of  profit 
or  trust  under  the  government  of  the  United  States,  or  of  this 
State,  or  of  any  city  or  incorporated  district,  whether  a  commis- 
sioned officer  or  otherwise,  a.  subordinate  officer  or  agent  who  is 
or  shall  be  employed  under  the  Legislative,  Executive  or  Judiciary 
Department  of  this  State,  or  of  the  United  States,  or  of  any  city 
or  incorporated  district,  and  also  that  every  member  of  Congress 
and  of  the  State  Legislature,  and  of  the  select  or  common  council 
of  any  city,  or  commissioners  of  any  incorporated  district,  is,  by 
law,  incapable  of  holding  or  exercising  at  the  same  time  the  office 
or  appointment  of  judge,  inspector  or  clerk  of  any  election  of  this 
Commonwealth,  and  that  no  inspector,  judge  or  other  officer  of 
any  such  election  shall  be  eligible  to  any  office  to  be  then  voted  for 
except  that  of  an  election  officer.  (1895,  P.  L.  392,  §1.) 

§278.  It  shall  be  the  duty  of  the  sheriff  of  every  county  in  this 
Commonwealth  to  give  notice  of  the  general  election  by  publica- 
tion of  the  same  once  a  week  in  not  more  than  four  (4)  weekly 
or  daily  newspapers,  published  in  the  county,  one  of  said  news- 
papers to  be  published  in  the  German  language  in  counties  where 
such  newspaper  is  published,  the  first  insertion  to  be  at  least 
twenty  (20)  days  before  the  time  such  election  is  to  be  held;  in 
counties  of  the  Commonwealth  where  no  newspapers  are  pub- 
lished, the  sheriff  of  any  such  county  shall  give  notice  of  such 
general  election  by  posters,  to  be  posted  in  at  least  three  (3)  pub- 
lic places  in  each  election  district  and  at  the  place  where  such 
election  is  to  be  held.  (1885,  P.  L.  144,  Act  No.  112,  §1.)  See  also 
publication  of  legal  notices,  1917,  P.  L.  49. 

§279.  The  act  of  June  23,  1885  providing  for  the  advertise- 
ment of  general  elections  "in  not  more  than  four  (4)  weekly  or 
daily  newspapers  published  in  the  county,"  is  not  repealed  by  the 
tenth  section  of  the  act  of  June  10,  1893,  P.  L.  419,  as  amended 
by  the  act  of  June  26,  1895,  P.  L.  392,  which  provides  for  the 
advertisement  "in  at  least  three  (3)  newspapers."  The  two  acts 
may  well  stand  together  and  each  supply  what  is  lacking  in  the 
other,  namely,  the  maximum  number  of  publications  in  the  act 
of  1885,  and  the  minimum  number  in  the  act  of  1895.  (York 
Gazette  Company,  Limited  v.  York  County,  25  Pa.  Superior  Ct. 
517.) 

59 


Sees.  280-285  GENERAL  INFORMATION. 


PART  V. 

XXX.    ELECTION  DISTRICTS  AND  ROOMS. 

See  also  Ballots  and  Voting;  §§59  to  90  and  150  to  159;  Regis- 
tration, §§292  to  344. 

§280.  The  Court  of  Quarter  Sessions  determines  the  territory 
and  bounds  of  election  districts.  (Const.  Art.  8,  §11.) 

§281.     The  Court  of  Quarter  Sessions  also  has  jurisdiction  to 
fix  polling  place  in  following  cases : 
Division  of  a  district, 

April  20,  1854,  P.  L.  419,  §2;  Jan.  31,  1855,  P.  L.  5,  §1. 
Consolidation  of  districts, 
June  26, 1895,  P.  L.  377. 
Annexation  to  a  city, 

April  21, 1911,  P.  L.  80.  ' 
Costs  for  the  division  or  creation  of  an  election  district 

are  paid  by  the  county. 
March  18,  1875,  P.  L.  29. 

§281-A.  Polling  places  in  which  new  townships,  boroughs,  or 
election  districts  are  erected,  the  Court  of  Quarter  Sessions  appoints 
the  officers  for  holding  the  first  election.  (1854,  P.  L.  419,  §2 ;  1855, 
P.L.5,  §1.) 

§282.  When  two  or  more  adjoining  election  districts  are  con* 
solidated  by  the  Court  of  Quarter  Sessions,  the  court  shall  appoint 
the  election  officers  and  fix  the  place  of  holding  the  first  election 
in  said  district.  (1895,  P.  L.  377,  §2.) 

§283.  Court  of  Common  Pleas  upon  petition  of  five  (5)  elec- 
tors may  change  polling  place  owing  to  fire,  impossibility  to  obtain 
room,  or  any  other  unavoidable  cause,  if  the  election  cannot  be 
held  in  the  district  at  the  place  designated  by  the  sheriff's  pro- 
clamation. Change  not  to  be  made  within  less  than  three  (3) 
days  unless  in  case  of  fire.  (1883,  P.  L.  124,  §1.) 

§284.  Governor  may  change  polling  place  where  there  is  a 
malignant  disease.  (1839,  P.  L.  519,  §94.) 

§284-A.  Court  of  Quarter  Sessions  upon  petition  of  at  least  ten 
(10)  electors  may  change  polling  place  upon  proper  notice  to 
County  Commissioners,  or  election  may  be  held  to  settle  question. 
(1893,  P.  L.  106,  [Act  No.  158],  §1— See  also  In  Re  Change  of 
Polling  Place,  34  York,  13.) 

§284-B.    Court  of  Quarter  Sessions  may  establish,  divide  or 
alter  election  districts  in  townships  of  the  first  class.    (1921,  P.  L. 
,  Act  No.  106,  §1.) 

§285.  County  Commissioners  have  power  to  change  polling 
places  in  townships  upon  petition  of  at  least  ten  (10)  qualified 
electors  and  at  least  three  (3)  weeks  prior  to  any  election. 
(1919,  P.  L.  769,  §1.)  See  In  Re  Change  of  Polling  Place,  34  York,  13. 

60 


GENERAL   INFORMATION.  SeCS.    286-294 

§286.  County  Commissioners  may  abolish  election  districts  in 
which  less  than  ten  (10)  qualified  electors  reside.  (1919,  P.  L.  805, 
Act  No.  332,  §1.) 

§287.  Electors  of  each  district  select  room  as  polling  place  upon 
petition  of  ten  or  more  electors  to  Court  of  Quarter  Sessions  (1). 
County  Commissioners  enter  into  an  agreement  with  the  owners 
of  such  rooms  for  payment  of  rental.  Where  a  building  must  be 
erected  commissioners  pay  ground  rent.  Commissioners  equip  each 
polling  place  with  necessary  booths,  tables,  chairs,  etc.  (2)  (1)  See 
§§280,  281;  (2)  1893,  P.  L.  419,  §19,  158  Pa.  65;  248  Pa.  208;  40 
P.  L.  J.  (O.  S.)  150. 

§288.  The  provisions  of  this  section  relating  to  the  arrange- 
ment of  the  rooms  in  which  elections  are  held  is  mandatory. 
(Cramer's  Election  Case,  248  Pa.  208.) 

§289.  The  Sheriff's  proclamation  of  general  elections  must 
designate  the  place  at  which  the  election  is  to  be  held.  (1895,  P. 
L.392,  §1.) 

§290.  County  Commissioners  must  see  that  all  polling  places 
are  open  and  in  proper  order  for  the  use  of  registrars  on  all  regis- 
tration days.  (1921,  P.  L.  ,  Act  No.  121—1911,  P.  U  1014,  §7.) 

§291.  Owners  or  lessees  of  any  room  or  rooms  provided  by 
the  County  Commissioners  for  the  use  of  registrars  in  third  class 
cities  shall  receive  ten  ($10.00)  dollars  per  day  for  each  day  such 
room  is  so  used,  which  shall  be  paid  by  the  county.  (1919r 
P.  L.  117,51.) 

XXXI.    REGISTRATION. 

See  also  Election  Districts  and  Rooms,  §§280  to  291;  Qualifica- 
tions of  Voters,  §§27  to  51. 

A.    BOROUGHS  AND  TOWNSHIPS. 

§292.  All  laws  regulating  the  registration  of  electors  shall  be 
uniform  throughout  the  State,  but  laws  regulating  and  requiring 
the  registration  of  electors  may  be  enacted  to  apply  to  cities  only : 
Provided,  That  such  laws  be  uniform  for  cities  of  the  same  class. 
(Const.  Art.  8,  §7.) 

§293.     Duties  of  Registry  Assessors/ 

Personally  visit  every  dwelling  house  in  his  district  on  the  first 
Monday  of  May  in  each  year,  or  as  soon  thereafter  as  possible. 

§294.  Make  an  original  list  in  a  book  furnished  by  the  County 
Commissioners,  grouping  electors  by  houses,  streets,  alleys  or 
courts. 

Ascertain  on  what  grounds  electors  claim  the  right  to  vote. 

Enter  on  said  list  the  names  of  all  citizens  twenty-one  (21) 
years  of  age  and  upwards  claiming  the  right  to  vote.  (1891,  P.  L. 
134,  §1.) 

61 


Sees.  295-300  GENERAL  INFORMATION. 

§295.  Electors  desiring  to  vote  a  party  ballot  at  the  primary 
must  enroll  according  to  their  party  preference  or  affiliation  (1), 
a  refusal  thereof  will  not  permit  them  to  vote  for  a  party  candi- 
date (2).  If  the  elector  is  absent  when  the  assessor  or  registry 
assessor  calls,  he  shall  leave  a  certificate  of  enrollment  which  the 
elector  may  fill  out  and  give  to  the  assessor  of  registry  assessor 
on  or  before  the  time  he  sits  at  the  polls  on  the  sixty-second  and 
sixty-third  days  before  the  primary  (3).  (1)  1913,  P.  L.  1043,  §1 
—(2)  1919,  P.  L.  839,  §3— (3)  1913,  P.L.  1043,  §§3,  4. 

§296.     Certificate  of  Enrollment. 

Date, 192... 

I ,  a  duly 

qualified  voter  residing  in election  district, 

hereby  declare  that  I  desire  to  be  enrolled  as  a  member  of  the 

party,  and  express  my  desire  to  vote  the 

ticket  of  the party  at  the 

primary  election  next  ensuing,  and  request  that  my  name  be 
enrolled  on  the  assessor's  list  as  a  member  of  said  party  for  the 
purpose  of  participating  in  said  primary  or  primaries. 


(Signature  of  Elector) 
(Witness) 

(Address) 
(1913,  P.  L.  1043,  §3.) 

297.  When  the  party  affiliation  of  a  voter  has  been  registered 
it  is  carried  from  year  to  year  in  the  registry  list  or  until  the  voter 
changes  same.  (1913,  P.  L.  1043,  §5.) 

§298.  Mistakes  in  registering  the  party  of  a  voter  may  be  cor- 
rected at  any  time  up  to  ten  (10)  days  before  the  primary,  by 
petition  to  the  Common  Pleas  Courts.  (1913,  P.  L.  1043,  §8.) 

§299.  Mark  opposite  his  name  whether  he  is  a  housekeeper  or 
not. 

Give  number  of  street,  alley  or  court,  and  occupation  of  elector. 

When  elector  is  not  a  housekeeper,  give  occupation,  place  of 
boarding  and  name  of  employer. 

Write  the  word  "voter"  opposite  each  name. 
Mark  naturalized  voter  with  the  letter  "N." 
(1891,  P.  L.  134,  §1.) 

§300.  Naturalized  voters  must  exhibit  certificate  of  naturali- 
zation to  the  assessor. 


62 


GENERAL   INFORMATION.  SeCS.    301-308 

§301.  Mark  persons  who  have  declared  intentions,  "D.  I." 
and  persons  who  intend  to  be  naturalized  without  declaring  inten- 
tions, "I.  N." 

Mark  persons  who  claim  the  right  to  vote  on  age  "Age." 
Mark  persons  who  have  moved  into  the  district  since  last  pre- 
ceding election  "R."     (1891,  P.  L.  134,  §1.) 

§302.  Make  a  copy  of  Original  Registry  List,  and  place  said 
copy  on  the  door  of  the  election  house  on  or  prior  to  the  fourth 
Monday  of  May  in  each  year.  (1895,  P.  L.  75,  §1.) 

§303.  Retain  Original  Registry  List  for  revision  or  inspection, 
free  of  charge,  of  any  person  resident  in  the  said  election  district, 
who  shall  desire  to  see  the  same;  and  assess  all  persons  on  applica- 
tion, and  mark  C.  V.  in  addition  to  the  marks  above.  (1895,  P.  L. 
75,  §1.) 

In  Allegheny  County  no  assessment  is  made  by  the  Registrar. 
(1919,  P.  L.  1093.) 

§304.  Be  present  at  the  polling  place  from  10  A.  M.  to  3  P.  M. 
and  6  to  9  P.  M.  (Eastern  Standard  Time)  on  the  sixty-third  and 
sixty-second  days  before  each  Primary  to  receive  Party  enroll- 
ment certificates  from  Electors  not  enrolled  or  desiring  to  change 
their  party  affiliation,  also  to  revise  the  Registry  List  of  Voters 
(1).  He  shall  also  be  present  during  the  same  hours  at  the  polling 
place  on  the  sixty-third  and  sixty-second  day  before  the  November 
Election  to  make  corrections  on  the  Registry  List  of  Voters  (2). 
(1)  1913,  P.  L.  1043,  §  §4,  5  &  8;  (2)  1895,  P.  L.  75,  §1. 

§305.  Assessors  have  the  right  to  administer  oaths  to  any  per- 
son in  regard  to  any  matter  or  thing  required  to  be  done  or  asked 
by  him.  (1874,  P.  L.  31,  §17.) 

§306.  Return  the  Original  Registry  List  as  revised  and  com- 
pleted, to  the  County  Commissioners  on  the  sixty-first  day  before 
the  November  Election  (1)  also  on  the  sixty-first  day  before  the 
Primary  (2).  (1)  1895,  P.  L.  75,  §1— (2)  1913,  P.  L.  1043,  §4. 

§307.  It  shall  be  the  duty  of  each  assessor  and  assistant  asses- 
sor of  each  township  of  the  second  class,  borough  and  ward  in  a 
borough  to  keep  an  account  of  the  several  days  by  him  actually 
employed  in  the  performance  of  his  duties  and  to  make  return 
of  the  same  to  the  county  commissioners  verified  by  his  oath  or 
affirmation  and  for  each  day  so  employed,  he  shall  receive  the  sum 
of  five  dollars.  (1921,  P.  L.  ,  Act  No.  243,  §1.) 

B.     SECOND  CLASS  CITIES. 

See  also  Qualifications  of  Voters,  §  §27  to  40. 

§308.  All  laws  regulating  the  registration  of  electors  shall  be 
uniform  throughout  the  State,  but  laws  regulating  and  requiring 
the  registration  of  electors  may  be  enacted  to  apply  to  cities 
only:  Provided,  That  such  laws  be  uniform  for  cities  of  the  same 
class.  (Const.  Art.  8,  §7.) 

63 


Sees.  309-317  GENERAL  INFORMATION. 

§309.  The  Governor  appoints  a  Board  of  Registration  Com- 
missioners consisting  of  four  (4)  duly  qualified  electors  of  said 
city,  not  more  than  two  (2)  of  them  shall  be  members  of  the  same 
political  party.  The  Commissioners  hold  office  for  four  (4)  years 
and  receive  a  salary  of  three  thousand  ($3,000.00)  dollars  per  year. 
(1917,  P.  L.  1108,  §1.) 

§310.  The  Commissioners  shall  keep  a  permanent  record  of 
all  proceedings,  which  shall  be  open  to  the  public.  They  have 
power  to  administer  oaths.  (1913,  P.  L.  977,  §4.) 

§311.  Commissioners  shall  no  later  than  August  15th,  of  each 
year  appoint  four  (4)  registrars  for  each  election  district.  Regis- 
trars must  be  qualified  electors  of  said  district  and  residents  of  the 
city  two  (2)  years  and  of  the  district  one  (1)  year.  No  person 
who  holds  or  is  a  candidate  for  public  office  shall  act  as  Registrar. 
(1913,  P.  L.  977,  §5.) 

§312.  Board  of  Registration  Commissioners  has  discretionary 
authority  as  to  the  appointment  of  election  registrars  and  are 
not  compelled  to  appoint  or  re-appoint  persons  suggested  by  them 
by  Ward  Executive  Committees.  (Hutchinson  v.  Goshorn,  256 
Pa.  69.) 

§313.  Each  registrar  shall  receive  ten  ($10.00)  dollars  per 
day  for  the  time  actually  spent  in  registration.  (1913,  P.  L.  977, 
§5.) 

§314.  Registrars  meet  at  the  polling  places  in  even  numbered 
years  on  the  ninth  Thursday,  the  seventh  Tuesday  and  the  fifth 
Saturday  preceding  the  November  election ;  and  on  the  fifth  Wed- 
nesday preceding  the  Spring  Primary.  In  odd  numbered  years 
on  the  ninth  Thursday,  eighth  Tuesday  and  Saturday  preceding 
the  November  election.  The  registrars  remain  in  session  from 
seven  to  ten  o'clock  A.  M.  and  from  four  to  ten  o'clock  P.  M. 
(Eastern  Standard  Time.  1919,  P.  L.  282,  §1 ;  68  P.  L.  J.  310.) 
They  have  power  to  administer  oaths.  (1915,  P.  L.  576,  §1.) 

§315.  Electors  desiring  to  register  must  appear  on  one  of  the 
registration  days  in  person  before  the  registrars  of  the  precinct 
or  ward  in  which  he  lives  and  answer  under  oath  questions  asked 
them  as  well  as  sign  their  name  in  the  register.  (1913,  P.  L.  977, 
§7.) 

§316.  Electors  who  have  paid  their  taxes  within  two  (2)  years 
or  before  the  last  day  for  registration  and  possess  all  the  other 
qualifications  shall  be  entitled  to  register  at  the  Fall  Registration; 
or  at  the  Spring  Registration  only,  if  he  was  not  qualified  to 
register  at  the  Fall  Registration  which  registration  will  qualify 
him  to  vote  only  at  the  Spring  Primary.  (1913,  P.  L.  977,  §8.) 

§317.  Challenged  Applicant  to  produce  such  further  proof  as 
is  required  on  Election  Day — Naturalized  Persons  to  produce 
Naturalization  Papers — How  Persons  claiming  Citizenship  by 
Reason  of  Father's  Naturalization  may  be  Registered — Dis- 
position of  Vouchers  and  Affidavit. 

64 


GENERAL   INFORMATION.  SeCS.  317-321 

The  challenged  applicant  shall  produce  such  further  proof  as 
the  law  requires  challenged  persons  to  produce  on  election  day 
(1),  and  it  shall  be  the  duty  of  the  registrars  to  require  it  before 
permitting  him  to  be  registered.  All  persons  claiming  the  right 
to  vote  by  reason  of  naturalization  shall  be  required  to  produce 
the  proper  naturalization  papers,  or  a  certified  copy  thereof, 
before  they  shall  be  registered ;  but  no  such  person  shall  be  required 
to  produce  his  papers  a  second  time  in  the  same  district,  unless 
he  is  challenged;  Provided,  That  any  person  claiming  citizen- 
ship by  reason  of  the  naturalization  of  his  father  may  be  registered 
either  by  the  production  of  his  father's  papers,  or  a  certified  copy 
thereof,  or  by  making  affidavit  that  his  father  was  naturalized 
at  a  time  when  he,  the  applicant,  was  less  than  twenty-one  (21) 
years  of  age,  and  that  he  is  unable  to  produce  his  father's  papers. 
All  affidavits  and  vouchers  shall  be  executed  in  duplicate,  one 
being  delivered  into  the  custody  of  each  registrar  who  has  charge 
of  the  registers  (2).  (1)  See  topic  Qualifications  of  Voters,  §§27 
to  40.  (2)  1913,  P.  L.  977,  §9. 

§318.  Persons  claiming  right  to  register  may  be  challenged 
— What  proof  required  to  be  registered — Disposition  of  affidavits. 

Any  person,  claiming  the  right  to'  register  may  be  challenged 
by  a  registrar,  or  by  any  qualified  elector  of  the  election  division. 
Any  person  so  challenged  shall  answer  the  questions  of  the  chal- 
lenge affidavit,  sign  and  swear  to  their  truth.  He  shall  also  make 
affidavit  at  the  same  time  to  the  truth  of  his  answers  as  recorded 
in  the  register.  The  affidavit,  of  all  persons  so  registered  shall, 
at  the  close  of  each  day  of  registration,  be  numbered  and  filed. 
(1913,  P.  L.  977,  §9.) 

§319.  Electors  desiring  to  vote  a  party  ballot  at  the  primary 
must  enroll  according  to  their  party  preference  or  affiliation  (1), 
a  refusal  thereof  will  not  permit  them  to  vote  for  a  party  can- 
didate at  the  primary  (2).  (1)  1913,  P.  L.  1043,  §1— (2)  1919, 
P.  L.  839,  §3. 

§320.  When  his  party  affiliation  is  registered  at  the  Fall 
Registration,  the  voter  may  vote  the  ballot  of  that  party  at  the 
next  Fall  and  Spring  Primaries.  Should  he  change  his  party  by 
voting  for  the  majority  of  candidates  of  another  party  at  the 
following  November  election  and  desire  to  be  registered  in  the 
party  for  which  he  voted  for  the  majority  of  candidates,  he  may 
appear  before  the  registrars  at  the  Spring  Registration  and  state 
under  oath  that  he  has  so  changed  and  the  registrars  shall  change 
his  party  on  the  registers.  (1913,  P.  L.  1043,  §2.) 

§321.  Registered  electors  who  have  removed  from  one  election 
district  to  another  two  calendar  months  before  the  spring  primary 
may  have  their  names  changed  to  the  new  district  by  applying 
to  the  Commissioners  no  later  than  ten  (10)  days  before  the 
spring  primary.  (1913,  P.  L.  977,  §10.) 

65 


Sees.  322-328  GENERAL  INFORMATION. 

§322.  Each  political  party  who  is  entitled  to  have  watchers 
at  the  general  election  may  appoint  not  more  than  three  (3) 
watchers  for  each  place  of  registration.  No  more  than  one  (1) 
watcher  from  each  party  to  be  present  at  any  one  time.  Watchers 
shall  be  entitled  to  be  present  at  each  registration  day.  Certifi- 
cates to  be  furnished  by  County  Commissioners.  Watchers 
shall  have  power  to  challenge.  (1913,  P.  L.  977,  §11.) 

§323.  No  more  than  six  (6)  electors  other  than  registrars  and 
watchers  shall  be  allowed  in  the  Registry  Room  at  any  one  time. 
(1913,  P.  L.  977,  §12.) 

§324.  A  qualified  elector  who  has  paid  his  taxes  after  the  last 
day  of  the  Fall  Registration,  and  on  or  before  the  final  day  for 
payment  of  same  in  odd  numbered  years,  or  an  elector  who  will 
arrive  at  the  age  of  twenty-one  (21)  years,  been  naturalized  or 
qualified  as  to  residence  in  the  district  between  the  primary  elec- 
tion and  the  next  succeeding  election  may  on  the  twentieth  day 
preceding  the  election  in  odd-numbered  years  be  registered  by 
presenting  a  petition  to  the  Registration  Commissioners  setting 
forth  the  facts,  etc.  (1915,  P.  L.  1027,  §1.) 

§325.  If  any  elector  was  too  ill  to  appear  at  the  polling  place 
or  was  unavoidably  absent  from  the  city  on  all  registration  days, 
he  may  present  a  petition  to  the  Registration  Commissioners 
setting  forth  the  facts  as  to  his  illness  or  unavoidable  absence  as 
well  as  appear  personally  before  the  Registration  Commissioners 
and  if  the  facts  are  proven  to  their  satisfaction,  they  may  order 
the  name  of  the  petitioner  to  be  inserted  on  the  register  in  the 
proper  district.  (1915,  P.  L.  1027,  §1.) 

§326.  County  Commissioners  are  to  provide  for  payment  of 
all  personal  registration  expenses,  to  furnish  rooms  for  Registra- 
tion Commissioners,  also  books,  papers,  etc.  and  see  that  polling 
places  are  in  good  condition.  See  that  registers  are  properly 
delivered  to  .election  officers  on  election  days.  (1921,  P.  L.  ,  Act 
No.  121,  §1.) 

§327.  State  and  Federal  Employees  may  register  by  petition 
without  appearing  before  Registration  Commissioners.  Em- 
ployees claiming  right  to  register  to  give  satisfactory  proof  that 
he  is  by  payment  of  taxes  and  otherwise  so  entitled,  also  sign 
Ballot  Check  List  upon  voting.  Commissioners  to  furnish  blanks. 
(1919,  P.  L.  1065,  Act  No.  432,  §  §1,  2.) 

C.    THIRD  CLASS  CITIES. 

See  also  Qualifications  of  Voters,  §  §27  to  40. 

§328.  All  laws  regulating  the  registration  of  electors  shall  be 
uniform  throughout  the  State,  but  laws  regulating  and  requiring 
the  registration  of  electors  may  be  enacted  to  apply  to  cities  only. 
Provided,  That  such  laws  be  uniform  for  cities  of  the  same  class. 
(Const.  Art.  8,  §7.) 

66 


GENERAL   INFORMATION.  SeCS.    329-334 

§329.  County  Commissioners  shall  not  later  than  June  15th, 
1920,  and  every  four  years  thereafter  appoint  two  registrars 
for  each  precinct  or  ward.  Registrars  must  be  qualified  electors 
of  said  district  and  residents  of  the  city  for  two  years  and  of 
the  district  one  year.  (1)  Registrars  shall  be  of  different  political 
faith.  If  no  petitions  are  filed,  County  Commissioners  may 
appoint  without  regard  to  party  (2).  (1)  1911,  P.  L.  1014,  §1— (2) 
1907,  P.  L.  251,  §1. 

§330.  Each  registrar  shall  receive  five  ($5.00)  dollars  per  day 
for  the  time  actually  spent  in  the  work  of  registration.  (1907, 
P.  L.  251,  §1.) 

§331.  The  five  ($5.00)  dollars  per  day  compensation  is  due 
registrar  for  the  day  he  delivers  the  register  and  vouchers  to  the 
County -Commissioners  Office,  but  he  is  not  entitled  to  mileage. 
(Griffin  v.  Crawford  County,  19  D.  R.  1150.) 

§332.  The  registrars  meet  at  the  polling  places  in  even  num- 
bered years  on  the  ninth  Thursday,  seventh  Tuesday,  and  fifth 
Saturday,  preceding  the  November  election,  and  on  the  third 
Wednesday  preceding  the  Spring  primary.  In  odd  numbered 
years  on  the  tenth  Thursday,  ninth  Tuesday  and  eighth  Saturday 
preceding  the  November  election,  and  in  any  year  when  any 
special  election  is  held  on  the  third  Wednesday  preceding  such 
special  election.  The  registrars  remain  in  session  on  each  regis- 
tration day  from  eight  o'clock  A.  M.  to  one  o'clock  P.  M.  and 
from  two  to  six  and  seven  to  ten  o'clock  P.  M.  (Eastern  Standard 
Time,  1919,  P.  L.  282,  §1—68  P.  L.  J.  310)  (1917,  P.  L.  738,  §1.) 

§333.  Every  person  claiming  the  right  to  vote  must  appear  in 
person  before  the  registrars,  in  the  district  in  which  he  lives  on 
one  of  the  registration  days  prior  to  every  November  election,  if 
he  has  subsequently  to  said  November  election  moved  into 
another  district,  he  must  appear  in  person  before  the  registrars  in 
the  district  to  which  he  has  thus  removed,  in  order  to  enable  him 
to  vote  at  the  ensuing  Spring  primary,  or  any  ensuing  special 
election.  If  the  elector  was  prevented  by  sickness  or  absence 
from  the  city  on  all  registration  days  he  may  present  a  petition 
to  the  "County  Commissioners  setting  forth  the  facts  and  if  proven 
to  their  satisfaction,  they  may  order  his  name  to  be  inserted  in 
the  register  of  the  proper  district,  cr  if  they  reruse  an  appeal  can 
be  taken  to  the  Court  of  Common  Pleas.  (1917,  P.  L.  738,  §2.) 

§334.  Every  person  appearing  before  the  registrars  after  being 
sworn  shall  answer  the  questions  put  to  him  by  them.  These 
answers  must  be  recorded  on  a  single  line  in  two  registers.  The 
size  and  character  of  the  registers  shall  be  determined  by  the  County 
Commissioners.  Provided,  however,  that  the  county  commission- 
ers shall  at  each  fall  registration  preceding  the  November  election 
furnish  to  the  registrars  of  the  several  wards  and  precincts  the 
registers  of  the  proper  ward  or  precinct  for  the  previous  year. 
Every  person  appearing  before  the  registrars  who  was  registered 

67 


Sees.  334-337  GENERAL  INFORMATION. 

in  said  district  for  the  previous  year  and  who  still  resides  at  the 
same  residence  within  said  district  as  in  the  previous  year  shall 
after  being  sworn  upon  the  production  of  a  proper  tax  receipt  and 
the  making  of  a  statement  that  he  was  registered  in  said  election 
district  the  year  immediately  preceding,  that  he  resides  in  the 
same  residence  as  during  the  year  immediately  preceding,  and 
naming  the  political  party  if  any,  to  which  he  belongs,  be  again 
registered  by  the  registrars  without  answering  the  additional 
questions.  In  all  such  cases  the  registrars  shall  complete  the  regis- 
tration of  such  person  from  the  registers  of  the  preceding  year, 
making  due  allowance  for  the  elapsing  of  one  year.  (1921,  P.  L. 
,  Act  No.  349,  §1.) 

§335.  Qualifications  of  an  Elector  claiming  right  to  be  Regis- 
tered— How  Elector  who  has  paid  his  taxes  after  last  day  of  Fall 
Registration  may  Register. 

Every  person  who  shall  have  paid  his  taxes  on  or  before  the 
last  day  of  registration,  and  who  shall  possess  all  the  other  quali- 
fications of  an  elector  as  provided  in  the  Constitution  and  laws  of 
this  Commonwealth,  or  who  by  continued  residence  in  his  election 
district  will  obtain  such  qualifications  before  the  next  ensuing 
election,  shall  be  entitled  to  be  registered.  Any  qualified  elector 
who  has  paid  his  taxes  after  the  last  day  of  the  Fall  registration, 
and  on  or  before  the  final  day  for  the  payment  of  the  same,  in 
odd-numbered  years,  may,  on  the  twentieth  day  preceding  the 
election  in  odd-numbered  years  present  his  petition  to  the  County 
Commissioners,  setting  forth  the  fact  as  to  the  payment  of  his 
taxes  and  giving  in  detail  the  information  required  to  be  recorded 
in  the  register,  and  praying  that  his  name  may  be  added  to  the 
register  in  the  proper  division.  If  the  facts  are  proven  to  the 
satisfaction  of  the  commissioners,  subject  to  the  same  condition 
as  though  the  applicant  for  such  registration  had  presented  him- 
self for  registration  before  the  board  of  registrars,  of  his  district, 
they  shall  order  the  name  of  the  petitioner  to  be  inserted  in  the 
register  in  the  proper  place.  (1911,  P.  L.  1014,  §4.) 

§336.  Persons  claiming  right  to  register  may  be  challenged — 
Challenged  Persons  to  make  affidavits — Disposition  of  Affidavits. 

Any  person  claiming  the  right  to  register  may  be  challenged  by 
a  registrar  or  by  any  elector  of  the  precinct  or  ward.  Any  person 
so  challenged  shall  answer  the  questions  of  the  challenge  affidavit  ; 
and  after  his  answers  have  been  recorded,  he  shall  sign  and 
swear,  or  affirm,  to  their  truth.  He  shall  also  make  affidavit,  at 
the  same  time,  of  the  truth  of  his  answers  as  recorded  in  the  regis- 
ters. The  affidavits  of  all  persons  so  registered  shall,  at  the  close 
of  each  day  of  registration,  be  numbered  and  filed.  (1906,  P.  L. 
63,  §6.) 

§337.  Challenged  Applicant  to  Produce  such  further  proof  as 
is  required  on  Election  Day — Naturalized  Persons  to  Produce 
Naturalization  Papers — Duty  of  Registrars  when  Applicant  is 
Rejected. 

68 


GENERAL   INFORMATION.  SeCS.    337-344 

The  Challenged  applicant  shall  produce  such  further  proof  as 
the  law  requires  challenged  persons  to  produce  on  election  day, 
and  it  shall  be  the  duty  of  the  registrars  to  require  it  before  per- 
mitting him  to  be  registered.  All  persons  claiming  the  right  to 
vote  by  reason  of  naturalization  shall  be  required  to  produce  the 
proper  naturalization  papers,  or  a  certified  copy  thereof,  before 
they  shall  be  registered;  but  no  such  person  shall  be  required  to 
produce  the  papers  a  second  time  in  the  same  precinct  or  ward, 
unless  he  is  challenged.  (1906,  P.  L.  63,  §6.) 

§338.  Electors  desiring  to  vote  a  party  ballot  at  the  primary 
must  enroll  according  to  their  party  preference  or  affiliation  (1), 
a  refusal  thereof  will  not  permit  them  to  vote  for  a  party  candidate 
at  the  primary  (2).  (1)  1913,  P.  L.  1043,  §1— (2)  1919,  P.  L.  839,  §3. 

§339.  When  his  party  affiliation  is  registered  at  the  Fall  regis- 
tration, the  voter  may  vote  the  ballot  of  that  party  at  the  next 
Fall  and  Spring  primaries.  Should  he  change  his  party  by  voting 
for  the  majority  of  candidates  of  another  party  at  the  following 
November  election  and  desire  to  be  registered  in  the  party  for 
which  he  voted  for  the  majority  of  candidates,  he  may  appear 
before  the  registrars  at  the  Spring  registration  and  state  under 
oath  that  he  has  so  changed  and  the  registrars  shall  change  his 
party  on  the  registers.  (1913,  P.  L.  1043,  §2.) 

§340.  Each  political  party  who  is  entitled  to  have  watchers  at 
the  general  election  may  appoint  not  more  than  three  (3)  watch- 
ers for  each  place  of  registration.  No  more  than  one  (1)  watcher 
from  each  party  to  be  present  at  any  one  time.  Watchers  shall 
be  entitled  to  be  present  at  each  registration  day.  Certificates 
to  be  furnished  by  County  Commissioners.  Watchers  shall  have 
power  to  challenge.  (1906,  P.  L.  63,  §8.) 

§341.  No  more  than  six  (6)  electors  other  than  the  registrars 
and  watchers  shall  be  allowed  in  the  registry  room  at  any  one 
time.  (1906,  P.  L.  63,  §9.) 

§342.  If  any  citizen  shall  object  to  the  action  of  the  registrars 
in  accepting  or  rejecting  any  claim  for  registration,  they  may  file 
within  ten  (10)  days  a  petition  with  the  County  Commissioners 
setting  forth  the  facts.  The  Commissioners  shall  set  a  time  and 
place  for  hearing  them.  All  applications  for  correcting  the  regis- 
ters must  be  made  no  later  than  ten  (10)  days  before  an  election. 
(1906,  P.  L.  63,  §11.) 

§343.  County  Commissioners  are  to  provide  for  payment  of 
all  personal  registration  expenses,  to  furnish  rooms  for  use  of 
registrars,  also  books,  papers,  etc.  and  see  that  polling  places  are 
in  good  condition.  See  that  registers  are  properly  delivered  to 
election  officers  on  election  days.  (1911,  P.  L.  1014,  §7.) 

§344.  Owners  or  lessees  of  any  room  or  rooms  provided  by  the 
County  Commissioners  for  the  use  of  registrars  in  third  class  cities 
shall  receive  ten  ($10.00)  dollars  per  day  for  each  day  such  room 
is  so  used,  which  shall  be  paid  by  the  county.  (1919,  P.  L.  117,  §1.) 

69 


Sees.  345-349  GENERAL  INFORMATION. 

XXXTI.    INCOMPATIBLE  OFFICES. 

§345.  No  person  shall  be  qualified  to  serve  as  an  election 
officer  who  shall  hold,  or  shall  within  two  months  have  held  any 
office,  appointment  or  employment  in  or  under  the  government  of 
the  United  States  or  of  this  State,  or  of  any  city,  or  county,  or  of 
any  municipal  board,  commission  or  trust  in  any  city,  save  only 
justices  of  the  peace  and  aldermen,  notaries  public  and  persons  in 
the  militia  service  of  the  State;  nor  shall  any  election  officer  be 
eligible  to  any  civil  office  to  be  filled  at  an  election  at  which  he 
shall  serve,  save  only  to  such  subordinate  municipal  or  local 
offices,  below  the  grade  of  city  or  county  offices,  as  shall  be  desig- 
nated by  general  law.  (Const.  Art.  8,  §15.) 

§346.  The  sheriff  shall  give  notice  that  every  person  excepting 
justices  of  the  peace,  who  shall  hold  any  office  or  appointment  of 
profit  or  trust  under  the  government  of  the  United  States,  or  of 
this  State,  or  of  any  city  or  incorporated  district,  whether  a  com- 
missioned officer  or  otherwise,  a  subordinate  officer,  or  agent  who 
is  or  shall  be  employed  under  the  Legislative,  Executive  or  Judici- 
ary Department  of  this  State,  or  of  the  United  States,  or  of  any 
city  or  incorporated  district,  and  also  that  every  member  of  Con- 
gress and  of  the  State  Legislature,  and  of  the  select  or  common 
council  of  any  city,  or  commissioners  of  any  incorporated  dis- 
trict, is,  by  law,  incapable  of  holding  or  exercising  at  the  same 
time  the  office  or  appointment  of  judge,  inspector,  or  clerk  of  any 
election  of  this  Commonwealth,  and  that  no  inspector,  judge  or 
other  officer  of  any  such  election  shall  be  eligible  to  any  office  to 
be  then  voted  for  except  that  of  an  election  officer.  (1895,  P.  L. 
392,  §1.) 

§347.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  United  States,  which  shall  have  been  created,  or 
the  emoluments  whereof  shall  have  been  increased,  during  such 
time;  and  no  person  holding  any  office  under  the  United  States, 
shall  be  a  member  of  either  house  during  his  continuance  in 
office.  (U.  S.  Const.  Art.  1,  §6,  Cl.  2.) 

§348.  No  member  of  Congress  from  this  State,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise 
any  office  in  this  State,  to  which  a  salary,  fees,  or  perquisites  shall 
be  attached.  (Const.  Art.  12,  §2.) 

§349.  Every  person  who  shall  hold  any  office,  or  appoint- 
ment of  profit  or  trust  under  the  Government  of  the  United  States, 
whether  a  commissioned  officer  or  otherwise,  a  subordinate  officer 
or  agent,  who  is  or  shall  be  employed  under  the  legislative,  execu- 
tive or  judiciary  department  of  the  United  States,  and  also  every 
member  of  Congress,  is  hereby  declared  to  be  incapable  of  holding 
or  exercising,  at  the  same  time,  the  office  or  appointment  of 
justice  of  the  peace,  notary  public,  mayor,  recorder,  burgess  or 

70 


GENERAL   INFORMATION.  SeCS.  349-358 

alderman  of  any  city,  corporate  town  or  borough,  resident  phy- 
sician of  the  lazaretto,  constable,  judge,  inspector  or  clerk  of  elec- 
tion under  this  Commonwealth  (1).  But  the  office  of  justice  of 
the  peace  and  notary  public  can  be  held  by  the  same  person, 
but  limits  his  jurisdiction  (2).  (1)  1874,  P.  L.  186,  §1.  Above  re- 
pealed insofar  as  it  relates  to  boroughs  by  Chap.  XIII,  Art.  1,  Sec. 
l-(c),  May  14,  1915,  P,  L.  312.— (2)  1909,  P.  L.  151,  Act  No.  103, 
§1.)  See  also  Sec.  348. 

§350.  The  holding  of  any  of  the  aforesaid  offices  or  appoint- 
ments under  this  State  is  declared  to  be  incompatible  with  any 
office  or  appointment  under  the  United  States,  and  every  such 
commission,  office  or  appointment  so  holden  under  the  govern- 
ment of  this  State  is  null  and  void.  (1874,  P.  L,  186,  §2.)  Above 
repealed  insofar  as  it  relates  to  boroughs  by  Chap.  XIII,  Art.  1,  Sec. 
l-(c),  May  14, 1915,  P.  L.  312.)  See  also  Sec.  348. 

§351.  If  any  person,  after  the  expiration  of  the  fifteenth  day 
of  November,  one  thousand  eight  hundred  and  seventy-four,  exer- 
cises any  office  or  appointment,  the  exercise  of  which  is  incom- 
patible, every  person  so  offending  shall,  for  every  such  offense, 
being  thereof  legally  convicted  in  any  court  of  record,  forfeit  and 
pay  any  sum  not  less  than  fifty  ($50.00)  dollars,  nor  more  than 
five  hundred  ($500.00)  dollars,  at  the  discretion  of  the  Court,  one 
moiety  of  said  forfeiture  to  be  paid  to  the  overseers,  guardians  or 
directors  of  the  poor  of  the  township,  district,  county,  or  place 
where  such  offense  shall  have  been  committed,  to  be  applied  to 
the  support  of  the  poor,  and  the  other  moiety  thereof  to  the 
prosecutor  who  shall  sue  for  the  same.  (1874,  P.  L.  186,  §3.)  Above 
repealed  insofar  as  it  relates  to  boroughs  by  Chap.  XIII,  Art.  1, 
Sec.  l-(c),  May  14,  1915,  P.  L.  312.)  See  also  Sec.  348. 

§352.  No  person  shall  be  capable  of  holding  at  the  same  time, 
the  office  of  justice  of  the  peace,  prothonotary,  and  clerk  of  any 
court.  (1874,  P.  L.  186,  §4.) 

§353.  Nor  of  associate  judge  and  justice  of  the  peace.  (1874, 
P.  L.  186,  §5.) 

§354.  No  district  attorney  can  hold  any  other  office  under  the 
law  and  constitution  of  the  State.  (1874,  P.  L.  186,  §6.) 

§355.  Nor  of  county  commissioner,  school  director,  or  board  of 
health.  (1874,  P.  L.  186,  §7.) 

§356.  No  alderman  or  attorney-at-law  to  be  county  prison 
inspector.  (1874,  P;L.  186,  §8.) 

§357.  No  person  can,  at  one  time,  be  a  member  of  more  than 
one  of  the  following  bodies,  viz:  City  council,  guardians  of  the 
poor,  board  of  health,  and  inspector  of  the  county  prison.  (1874, 
P.  L.  186,  |9.) 

§358.  Members  of  the  Legislature  cannot  be  councilmen  in 
an  incorporated  city.  (1874,  P.  L.  186,  §10.) 

71 


Sees.  359-369A  GENERAL  INFORMATION. 

§359.  No  member  of  council  is  eligible  to  any  office,  employ- 
ment or  agency  chosen  by  council  during  the  term  for  which  be 
was  elected  to  council.  (1874,  P.  L.  186,  §11.) 

§360.  No  member  of  said  councils  shall  hereafter  hold  any 
office  or  employment  in  the  choice  of  said  councils,  during  the 
term  for  which  he  shall  have  been  elected.  (1874,  P.  L.  186,  §13.) 

§361.  Members  of  council  cannot  hold  any  other  city  or 
county  office  in  the  choice  of  the  people.  (1874,  P.  L.  186,  §14.) 

§362.  No  Senator  or  Representative  shall,  during  the  time 
for  which  he  shall  have  been  elected,  be  appointed  to  any  civil 
office  under  this  Commonwealth;  and  no  member  of  Congress  or 
other  person  holding  any  office,  except  of  attorney-at-law  or  in 
the  militia,  under  the  United  States  or  this  Commonwealth,  shall 
be  a  member  of  either  House  during  his  continuance  in  office. 
They  shall  receive  no  other  compensation,  fees  or  perquisites  of 
office  for  their  services  from  any  source,  nor  hold  any  other  office 
of  profit  under  the  United  States,  this  State,  or  any  other  State. 
(1874,  P.  L.  186,  §15.) 

§363.  No  Senator  or  Representative  can  be  appointed  to  any 
civil  office  during  the  term  for  which  he  was  elected.  (1874,  P.  L. 
186,  §15.) 

§364.  No  person  hereafter  elected  shall  be  capable  of  holding 
and  exercising  the  office  of  school  director,  constable,  path- 
master  or  commissioner  of  roads,  and  that  of  township  or  borough 
auditor.  (1876,  P.  L.  179,  §1.) 

§365.  Any  person  holding  the  office  of  mayor,  chief  burgess, 
county  commissioner,  district  attorney;  city,  borough  or  town- 
ship treasurer;  city  councilman,  township  commissioner,  road 
supervisor,  tax  collector,  comptroller,  auditor,  or  constable, 
county  superintendent  or  assistant  county  superintendent,  shall 
not  be  eligible  as  a  school  director  in  this  Commonwealth.  (1919, 
P.  L.  517.) 

§366.  No  member  of  Congress  or  any  person  holding  any 
office  or  appointment  of  profit  or  trust  under  the  Government  of 
the  United  States  shall  be  capable  of  holding  the  office  of  burgess. 
(1915,  P.  L.  312,  Chap.  7,  Art.  2,  §2.) 

§367.  No  township  auditor  shall  at  the  same  time  hold  the 
office  of  constable.  (1917,  P.  L.  840,  §150.) 

§368.  No  person  who  holds  or  is  a  candidate  for  public  office 
shall  act  as  registrar  in  second  class  cities.  (1913,  P.  L.  977,  §5.) 

§369.  No  person  shall  be  eligible  to  the  office  of  county  auditor 
who  within  two  (2)  years  shall  have  been  treasurer  of  the  county. 
(1871,  P.  L.  79,  §1.) 

§369-A.  No  person  holding  the  office  of  county  auditor  shall 
at' the  same  time  be  County  Treasurer.  (1871,  P.  L.  79,  §2.) 

72 


GENERAL   INFORMATION.  SeCS.  369B-373 

§369-B.  No  judge,  clerk  or  prothonotary  of  any  court, 
register  of  .wills,  recorder  of  deeds,  county  commissioner,  or 
county  auditor  shall  be  eligible  to  election  as  county  treasurer, 
during  their  continuance  in  office,  nor  shall  any  county  com- 
missioner be  eligible  until  the  expiration  of  one  year  next  after 
the  term  for  which  he  shall  have  been  elected.  (1841,  P.  L.  400, 
§3,  Partly  repealed  1871,  P.  L.  79,  §2.) 

§369-C.  In  counties  containing  over  one  hundred  thousand 
(100,000)  inhabitants,  no  person  holding  office  under  the  United 
States  shall  be  eligible  to  the  office  of  county  controller  during 
his  continuance  in  office  as  aforesaid,  nor  until  one  (1)  year  there- 
after; and  the  county  commissioners,  county  treasurer,  protho- 
notary, register  of  wills,  clerk  of  the  courts,  recorder  of  deeds, 
sheriff  and  district  attorney  and  their  chief  clerks  or  deputies 
shall  be  ineligible  for  two  years  to  the  office  of  county  controller. 
(1895,  P.  L.  403,  §2.) 

§369-D.  Providing  for  the  office  of  county  controller  in 
counties  where  such  office  is  not  now  in  existence,  no  person 
holding  office  under  the  United  States  shall  be  eligible  to  the 
office  of  county  controller  during  his  continuance  in  office  as  afore- 
said; and  the  county  commissioners,  county  treasurer,  prothono- 
tary, register  of  wills,  clerk  of  the  courts,  recorder  of  deeds,  sheriff, 
and  district  attorney  and  their  chief  clerks  or  deputies,  shall  be 
ineligible  to  the  office  of  county  controller.  (1909,  P.  L.  436, 
Act  No.  242,  §2.) 

XXXIII.     CRIMES. 

§370.     Supplying  False  Tickets  to  Voters. 

At  general  or  primary  elections  it  is  a  misdemeanor,  punish- 
able by  fine  and  imprisonment,  to  supply  a  voter  with  tickets  and 
falsely  represent  that  they  contain  names  which  are  not  thereon. 
(1883,P..L.92,§1.) 

§371.  He  who  purchases  a  vote,  to  be  cast  or  withheld  as  he 
directs,  or  who  gains  that  end  through  the  mediation  of  another 
by  cash,  reward,  anything  of  value,  or  promise  thereof,  as  well  as 
the  voter  who  sells  the  control  of  his  vote  for  such  consideration, 
is  disqualified  from  voting  at  the  election  unless  when  challenged 
therefor  the  charge  is  denied  under  oath.  (Const.  Art.  8,  §8.) 

§372.  While  betting  on  any  matter  should  be  discouraged,  it 
may  as  well  be  made  known  that  betting  on  elections  does  not 
disqualify  a  voter;  the  contract  is  void,  and  a  misdemeanor,  when 
the  fine  will  be  thrice  the  bet,  and  the  poor  authorities  can  sue 
and  recover  from  the  bettors  or  stakeholders.  (1839,  P.  L.  519, 
§§115, 116  and  118.) 

§373.  Any  election  officer  or  clerk  who  shall  bfe  guilty  of  any 
wilful  fraud  in  the  conduct  of  his  duties  at  a  primary,  or  who 
shall  make  a  false  return  of  the  votes  cast  at  such  primary,  or  who 

73 


Sees.  373-374A  GENERAL  INFORMATION. 

shall  deposit  fraudulent  ballots  in  the  ballot  box,  or  who  shall 
certify  as  correct  a  return  of  ballots  in  the  ballot  box  which  he 
knows  to  have  been  fraudulently  deposited  therein,  or  who  shall 
write  false  names  in  the  lists  of  voters  for  the  purpose  of  conceal- 
ing the  deposit  of  such  fraudulent  ballots  or  of  aiding  in  the  per- 
petration of  such  fraud,  or  who  shall  conspire  with  others  to  com- 
mit any  of  the  offenses  herein  mentioned,  shall  be  subject  to  a  fine 
of  five  hundred  ($500.00)  dollars,  or  three  (3)  years  imprison- 
ment. (1913,  P.  L.  719,  §23.) 

§374.  A  voter  convicted  of  violating  any  election  law  is  dis- 
qualified for  four  (4)  years.  (Const.  Art.  8,  §9.) 

§374-A.  A  primary  election  held  in  pursuance  of  the  Pennsyl- 
vania Act  of  1913,  P.  L.  719,  and  its  supplements  to  nominate  can- 
didates for  various  federal  offices  is  not  such  an  election  as  con- 
templated by  the  Federal  Criminal  Code  or  within  the  provisions 
of  Art.  1  of  the  Federal  Constitution.  Indictments  for  alleged 
offenses  committed  at  the  primary  not  sustained  as  the  District 
Court  of  the  United  States  was  without  jurisdiction.  (United 
States  v.  Spero  et  al.  69  P.  L.  J.  68.) 


CANDIDATES PRIMARIES.  SeCS.  375-380 

PART  VI. 
XXXIV.    PRIMARIES. 

A.    NOMINATIONS     OF    CANDIDATES    AND    ELECTION     OF 
PARTY  OFFICERS. 

§375.  All  candidates  of  political  parties,  as  herein  defined,  for 
the  office  of  United  States  Senator,  Representative  in  Congress, 
for  all  elective  State,  county,  city,  ward,  borough,  township, 
school  district,  and  election  division  or  district  offices,  and  for  all 
other  elective  public  offices,  except  that  of  presidential  elector, 
shall  be  nominated,  at  primaries  held  in  accordance  with  the  pro- 
visions of  this  act,  and  in  no  other  manner.  (1917,  P.  L.  244,  §1.) 

§376.  Delegates  and  alternate  delegates  to  National  Party 
conventions  and  State  committeemen  shall  be  elected,  at  primaries 
held  in  accordance  with  the  provisions  of  this  act,  and  in  no  other 
manner.  All  such  party  officers  as  are  required  by  the  rules  of 
the  several  political  parties  to  be  elected  by  the  vote  of  the  party 
electors  shall  be  elected  at  primaries  held  in  accordance  with  the 
provisions  of  this  act,  excepting  members  of  the  National  Com- 
mittee, who  shall  be  elected  as  hereinafter  provided.  (1917, 
P.L.244,§1.) 

§377.  In  the  years  when  candidates  for  the  office  of  President 
of  the  United  States  are  to  be  nominated,  every  qualified  elector 
of  a  political  party,  herein  defined  to  be  a  political  party  within 
the  State,  shall  have  opportunity  at  the  primaries  held  in  such 
years,  subject  to  the  provisions  of  this  act,  to  vote  his  preference 
for  one  person  to  be  the  candidate  of  his  political  party  for  Presi- 
dent. (1917,  P.  L.  244,  §1.) 

§378.  National  committeemen  shall  be  elected  by  the  State 
committee  of  each  respective  party,  unless  the  rules  of  the 
National  party  otherwise  provide;  in  which  case  they  shall  be 
elected  in  the  manner  provided  by  the  rules  of  the  National  party. 
(1917,  P.  L.  244,  §1.) 

§379.  The  State  committee  of  each  political  party  may  make 
such  rules  for  the  government  of  such  State  committee,  not  incon- 
sistent with  law,  as  it  may  deem  expedient;  and  may  also  revoke 
or  alter  or  amend,  in  any  manner  not  inconsistent  with  law,  any 
present  or  future  rules  of  such  State  Committee.  (1917,  P.  L.  244, 
§1.) 

§380.  State  committeemen  shall  be  elected  by  Senatorial  dis- 
tricts. Each  Senatorial  district  shall  be  entitled  to  elect  two 
members  of  the  State  committee,  except  where  a  Senatorial  dis- 
trict is  composed  of  more  than  one  county  or  part  of  a  county ;  in 
which  event  the  electors  residing  in  each  county  or  part  of  a 
county  embraced  in  the  said  senatorial  district  shall  be  entitled 
to  elect  one  State  committeeman.  The  State  committeemen  thus 

75 


Sees.  380-384  CANDIDATES— PRIMARIES. 

elected  shall  meet  for  organization  not  later  than  the  fifth  Wednes- 
day following  their  election,  at  such  hour  and  place  as  shall  be 
designated  by  the  State  chairman  of  each  respective  party.  The 
said  State  committeemen  of  all  parties  shall  be  elected  at  the  Spring 
primary.  (1917,  P.  L.  244,  §1.) 

B.     POLITICAL  PARTIES  DEFINED. 

§381.     Party  Within  the  State 

Any  party  or  body  of  electors,  one  of  whose  candidates  at  the 
general  election  next  preceding  the  primary  polled  in  each  of  at 
least  ten  counties  of  the  State  not  less  than  two  per  centum  of  the 
largest  entire  vote  cast  in  each  of  said  counties  for  any  elected  can- 
didate, and  polled  a  total  vote  in  the  State  equal  to  at  least  two 
per  centum  of  the  largest  entire  vote  cast  in  the  State  for  any  elected 
candidate,  is  hereby  declared  to  be  a  political  party  within  the 
State;  and  shall  nominate  all  its  candidates  for  any  of  the  offices 
provided  for  in  this  act,  and  shall  elect  its  delegates  and  alternate 
delegates  ta  the  National  convention.  State  committeemen,  and 
also  such  party  officers,  including  members  of  the  National  Com- 
mittee, as  its  rules  provide,  shall  be  elected  by  a  vote  of  the  party 
electors,  in  accordance  with  the  provisions  of  this  act.  (1913, 
P.  L.  719,  §2.) 

§382.     Party  Within  a  County. 

Any  party  or  body  of  electors,  one  of  whose  candidates  at  either 
the  general  or  municipal  election  preceding  the  primary  polled  at 
least  five  per  centum  of  the  largest  entire  vote  cast  for  any  elected 
candidate  in  any  county,  is  hereby  declared  to  be  a  political  party 
within  said  county;  and  shall  nominate  all  its  candidates  for  office 
in  such  county  and  in  all  political  districts  within  said  county,  or 
of  which  said  county  forms  a  part,  and  shall  elect  such  party 
officers  as  its  rules  provide  shall  be  elected  therein,  by  a  vote  of 
the  party  electors,  in  accordance  with  the  provisions  of  this  act. 
(1913,  P.  L.  719,  §2.) 

C.    SPRING  NOMINATIONS. 

§383.  Candidates  for  all  offices  to  be  filled  at  the  general  elec- 
tions shall  be  nominated  at  the  Spring  primary.  Delegates  and 
alternate  delegates  to  National  party  conventions,  State  commit- 
teemen, and  such  party  officers,  including  members  of  the  National 
committee,  as  are  required  by  the  rules  of  the  several  political 
parties  to  be  elected  by  a  vote  of  the  party  electors,  shall  be  elected 
at  the  Spring  primary.  (1919,  P.  L.  836,  §1.) 

§384.  On  or  before  the  ninth  Tuesday  preceding  the  Spring 
primary,  the  Secretary  of  the  Commonwealth  shall  notify  County 
Commissioners  of  the  offices  for  which  candidates  are  to  be  nomi- 
nated, including  President,  Congressmen  and  State  Officers. 
(1913,  P.  L.  719,  §4.) 

76 


CANDIDATES — PRIMARIES.  SeCS.  385-392 

§385.  On  or  before  the  ninth  Tuesday  preceding  the  Spring 
primary,  the  Chairmen  of  State  Committees  shall  notify  County 
Commissioners  number  of  delegates  to  National  Convention,  also 
National  Committeemen,  if  any,  and  State  Committeemen  to  be 
elected  in  their  district.  (1915,  P.  L.  1044,  §1.) 

§386.  On  or  before  the  ninth  Tuesday  preceding  the  Spring 
primary,  the  Chairmen  of  County  Committees  shall  notify 
County  Commissioners  of  all  Party  Offices  to  be  filled.  (1913, 
P.  L.  719,  §4.) 

§387.  Beginning  not  earlier  than  nine  (9)  weeks,  nor  later  than 
eight  (8)  weeks,  before  the  primary,  the  County  Commissioners 
shall  publish  number  of  National  Delegates  and  National  and 
State  Committeemen  to  be  elected,  and  names  of  offices  for  which 
nomination  are  to  be  made,  or  candidates  for  party  offices  to  be 
elected.  (1913,  P.  L.  719,  §4.) 

D.    FALL  NOMINATIONS. 

§388.  Candidates  for  all  offices  to  be  filled  at  the  Municipal 
election  shall  be  nominated  at  the  Fall  primary.  (1919,P.L.836,§1.) 

§389.  On  or  before  the  ninth  Tuesday  preceding  the  Fall 
primary,  the  Secretary  of  the  Commonwealth  shall  notify  County 
Commissioners  of  the  offices  for  which  candidates  are  to  be  nomi- 
nated. (1915,  P.  L.  1044,  §1.) 

§390.  On  or  before  the  ninth  Tuesday  preceding  the  Fall 
primary,  the  Clerks  or  Secretaries  of  cities,  boroughs,  townships 
and  school  districts  shall  notify  County  Commissioners  of  all 
offices  for  which  candidates  are  to  be  nominated.  (1913,  P.  L.719 
§4.) 

F.    PETITIONS. 

§391.  No  petition  may  be  legally  circulated  prior  to  forty  (40) 
days  before  the  last  day  for  filing  same.  No  signature  shall  be 
counted  unless  it  bears  date  within  forty  (40)  days  of  last  day  to 
file.  (1917,  P.  L.  244,  §2.) 

§392.     Number  of  Signatures  Required  to  Petitions. 

For  President  of  the  United  States  or  United  States  Senator, 
one  hundred  (100)  qualified  electors  in  each  of  at  least  ten  (10) 
counties. 

For  a  State  office  to  be  voted  for  by  the  State  at  large,  Repre- 
sentative in  Congress  at  large,  delegate  or  alternate  delegate  at 
large  to  National  Convention  or  member  of  National  Committee, 
by  one  hundred  (100)  qualified  electors  in  each  of  at  least  five  (5) 
counties. 

For  Representative  in  Congress  (district),  delegate  or  alternate 
delegate  to  National  Convention  (district),  [judge  of  any  court, 
not  to  be  elected  by  the  State  at  large,]  or  State  Senator,  or  of  any 
Municipal  Office  to  be  filled  by  a  vote  of  the  electors  of  a  Sena- 
torial district  by  two  hundred  (200)  qualified  electors.  (1919, 
P.  L.  839,  §1.)  The  words  in  brackets  are  repealed  1921,  P.  L. 
Act  No.  198,  §2.— See  §416. 

77 


Sees.  393-398  CANDIDATES — PRIMARIES. 

§393.  For  Representative  in  the  General  Assembly,  member 
of  the  State  Committee  or  an  office  to  be  voted  for  by  the  entire 
county,  by  one  hundred  (100)  qualified  electors. 

For  inspector  of  election,  by  five  (5)  qualified  electors. 

For  all  other  offices  and  other  party  offices,  by  ten  (10)  qualified 
electors.  (1919,  P.  L.  839,  §1.) 

§394.  It  is  the  plain  duty  of  the  county  commissioners  when  a 
candidate's  petition  is  presented  to  them,  even  though  it  be 
regular  on  its  face,  to  inquire  whether  the  requirements  of  the 
Act  have  been  complied  with  in  regard  to  the  number  of  signers 
and  their  qualifications  as  electors  of  the  division.  In  such  a  case 
the  Commissioners  have  authority  to  refuse  such  a  petition,  where 
it  appears  that  ten  of  the  fifty-six  signers  of  the  petition  had  been 
induced  to  sign  upon  a  false  representation  that  the  candidate  was 
a  democrat  and  had  withdrawn  from  the  petition,  and  that  the 
remaining  signers  were  not  qualified  voters  of  the  Democratic 
Party.  (Moore  v.  Neil  et  al.  233  Pa.  408.) 

§395.     Time  of  Filing  Petitions. 

At  least  forty  (40)  days  prior  to  the  primary  with  the  Sec- 
retary of  the  Commonwealth  for  the  office  of  President  of  the 
United  States,  Senator  of  the  United  States,  Member  of  Congress, 
for  all  State  offices,  for  the  office  of  delegate  or  alternate  to  a 
National  party  convention  and  member  of  State  or  National 
Committee. 

At  least  four  (4)  weeks  prior  to  the  primary  with  the  County 
Commissioners  of  the  respective  counties  for  all  other  offices. 
(1919,  P.  L.  839,  §1.) 

§396.  A  signer  of  a  nomination  petition  shall  sign  but  one  for 
each  office  to  be  filled  unless  there  are  to  be  two  or  more  elected 
to  the  same  office,  when  he  may  sign  as  many  petitions  as  the 
candidates  he  can  vote  for.  He  shall  declare  in  the  petition 
that  he  is  a  member  of  the  party  designated  and  that  he  is  a 
qualified  elector  of  the  county  named  therein;  if  the  candidates 
are  not  to  be  voted  for  by  the  State  at  large,  that  he  is  a  qualified 
elector  of  the  district  named  therein. 

He  shall  give  his  occupation,  residence,  with  city,  borough  or 
township  and  street  and  number,  if  any,  and  also  add  the  date 
of  signing.  (1917,  P.  L.  244,  §2.) 

§397.  Petitions  may  be  on  one  or  more  sheets  and  different 
sheets  must  be  used  for  signers  resident  in  different  counties. 
(1917,  P.  L.  244,  §2.) 

§398.  Each  petition  shall  have  appended  thereto  the  affidavit 
of  some  person,  not  necessarily  a  signer,  and  not  necessarily  the 
same  person  on  each  sheet,  stating  that  the  affiant  is  a  qualified 
elector  of  the  state  or  division  referred  to  in  the  petition.  He 
shall  give  his  residence,  city,  borough,  or  township,  with  the 
street  and  number,  if  any;  stating  that  the  signers  signed  with 
full  knowledge  of  the  contents  of  the  petition,  that  their  respective 

78 


CANDIDATES — PRIMARIES.  Sees.  398-403 

residences  are  correctly  stated,  that  all  reside  in  the  county  named, 
that  each  signed  on  the  date  opposite  his  name  and  that  to  the 
best  of  the  affiant's  knowledge  and  belief  the  signers  are  qualified 
electors  and  members  of  the  designated  party.  (1917,  P.  L.  244 
§2.) 

§399.  Candidates  for  any  State,  county  or  city  office  shall 
file  with  his  petition,  his  affidavit  stating  his  residence  with  street 
and  number,  if  any;  his  post  office  address,  his  election  district, 
the  name  of  the  office  for  which  he  is  a  candidate,  that  he  is 
eligible  for  such  office  and  that  he  will  not  knowingly  violate  any 
election  law,  regulating  nomination  and  election  expenses,  or 
prohibiting  corrupt  practices.  (1917,  P.L.  244,  §2.) 

§400.  Each  candidate  for  delegate  or  alternate  delegate  to  a 
National  party  convention  may  include  with  his  affidavit  the 
following  statement,  but  failure  to  include  such  statement  is  not 
valid  ground  for  refusal  to  receive  and  file  the  petition.  (1917,  P.  L. 
244,  §2.) 

§401.     Delegate's  Statement. 

I  hereby  declare  to  the  voters  of  my  political  party  in  the 
(here  insert  "State  of  Pennsylvania"  if  a  delegate  or  alternate 

delegate-at-large;  otherwise  insert  " 

District")  that,  if  elected  and  in  attendance  as  a  delegate  to  the 
National  Convention  of  the  party,  I  shall,  with  all  fidelity,  to 
the  best  of  my  judgment  and  ability,  in  all  matters  coming  before 
the  convention,  support  that  candidate  for  President  of  the 
United  States  who  shall  have  received  the  highest  number  of 
votes  cast  in  the  (here  insert  "State"  if  a  delegate  or  alternate 

delegate-at-large;  otherwise  insert  " 

District")  by  the  voters  of  my  party  for  said  office  at  the  ensuing 
primary,  and  shall  use  all  honorable  means  in  my  power  to  aid  in 
securing  the  nomination  for  such  candidate  for  President. 


Signature  of  candidate  for  delegate  or  alternate  delegate 

(1917,  P.L.  244,  §2.) 

§402.     Objection  and  Setting  Aside  Petitions. 

Objection  to  a  petition  that  has  been  filed  shall  be  made  to  the 
Court  of  Common  Pleas  of  the  county  wherein  the  petition 
has  been  filed  within  five  (5)  days  after  the  last  day  for  filing  the 
same.  The  petition  to  the  court  to  set  aside  must  state  specifi- 
cally the  matter  objected  to.  The  court  then  sets  a  time  for  a 
hearing,  not  latter  than  ten  (10)  days  after  the  last  day  for  filing, 
and  specifying  the  time  and  manner  of  notice  to  the  candidate 
whose  petition  is  objected  to.  (1913,  P.  L.  719,  §8.) 

§403.     Causes  for  Rejecting  Petitions. 

No  nomination  petitions  shall  be  refused  or  set  aside  except  for 
the  following  causes : 

79 


Sees.  403-408  CANDIDATES — PRIMARIES. 

(a)  Material  error  or  defects  apparent  on  the  face,  or 

on  the  face  of  the  accompanying  affidavits. 

(b)  Material  alterations  made  after  signing  without 

the  consent  of  the  signers. 

(c)  Want  of  sufficient  number  of  genuine  signatures 

of  persons  qualified,  with  respect  to  age,  sex, 
residence  and  citizenship. 

A  petition  is  not  invalidated  by  the  invalidity  of  any  sheet,  if 
sufficient  remains  after  eliminating  the  invalid  portion.  (See  also 
Yost's  Appeal,  253,  Pa.  551;  1913,  P.  L.  719,  §8.) 

§404.  Any  person  knowingly  and  wilfully  signing  a  nomination 
petition  without  being  qualified  as  an  elector  with  respect  to  age, 
sex,  residence,  citizenship,  or  who  sets  opposite  his  name  a  date 
other  than  that  on  which  he  signs,  or  who  makes  a  false  statement 
of  the  signer 's  place  of  residence,  or  who  shall  sign  more  petitions 
than  permitted,  is  guilty  of  a  misdemeanor.  Any  person  making 
a  false  affidavit  to  accompany  a  nomination  petition  or  any  person 
signing  a  name  other  than  his  own  or  any  person  fraudulently 
altering  any  nomination  petition  without  the  consent  of  the 
signers,  is  guilty  of  a  misdemeanor.  (1913,  P.  L.  719,  §23.) 

F.    WITHDRAWAL  AND  VACANCIES. 

§405.  Any  candidate  for  nomination  may  withdraw  as  a  can- 
didate at  any  time  before  four  o'clock  on  the  Friday  next  succeed- 
ing the  last  day  for  filing  petitions,  by  a  request  in  writing,  signed 
by  him  and  acknowledged  before  a  notary  public  or  justice  of 
the  peace  and  filed  in  the  office  where  the  petition  was  filed. 
(1913,  P.  L.  719,  §19.) 

§406.  Vacancies  happening  at  any  time  in  the  office  of  National 
committeeman  shall  be  filled  by  the  State  committee  of  their 
respective  party,  unless  the  rules  of  the  National  party  otherwise 
provide ;  in  which  case  vacancies  shall  be  filled  in  the  manner  pro- 
vided by  the  rules  of  the  National  party.  (1917,  P.  L.  244,  §1.) 

§407.  Vacancies  happening  at  any  time  in  the  office  of  State 
committeeman  shall  be  filled  by  the  city  or  county  committee  of 
the  respective  parties :  Provided,  That  when  said  vacancy  occurs 
in  a  county  composed  of  more  than  one  Senatorial  district,  the 
members  of  the  city  or  county  committee  embraced  within  the 
Senatorial  district  in  said  county  shall  elect  said  committeeman; 
and  when  a  vacancy  occurs  in  a  Senatorial  district  composed  of 
more  than  one  county  or  part  of  a  county,  the  members  of  the 
county  committee  embraced  within  said  county  or  part  of  a 
county  shall  elect  said  committeeman.  (1917,  P.  L.  244,  §1 .) 

§408.  This  act  shall  not  apply  to  the  nomination  of  candidates 
to  be  voted  for  at  special  elections  to  fill  vacancies,  except  when 

80 


CANDIDATES PRIMARIES.  SeCS.  408-413-A 

such  special  election  is  held  at  the  time  of  a  regular  election  and 
such  vacancy  occurred  or  existed  at  least  sixty  (60)  days  prior  to 
the  regular  primary  antecedent  to  such  regular  election;  and 
nothing  herein  contained  shall  prevent  any  body  of  electors  not 
.constituting  a  political  party  from  nominating  candidates  by 
nomination  papers,  as  is  now  or  may  hereafter  be  provided  by  law. 
(1917,  P.  L.  244,  §1.) 

§409.  The  word  "vacancy"  as  applied  to  an  office  has  no 
technical  meaning.  An  existing  office  without  an  incumbent  is 
vacant.  There  is  no  basis  for  the  distinction  that  it  applies  only 
to  an  office  vacated  by  death,  resignation  or  otherwise.  It  may 
be  applied  to  an  office  when  it  is  first  created,  and  has  been  filled 
by  no  incumbent;  and  a  vacancy  may  exist  by  the  expiration  of 
the  term.  (Commonwealth  ex  rel  v.  McAfee,  232  Pa.  36.) 

§410.  Where  a  nomination  petition  has  been  duly  filed  under 
the  provisions  of  this  act,  and  thereafter  and  before  the  day  of  the 
primary  the  candidate  named  in  said  petition  dies,  the  original 
signers  of  said  petition,  or  the  majority  of  them,  may  sign  an©ther 
petition  proposing  a  new  candidate  for  said  office,  at  any  time 
prior  to  the  printing  of  the  ballot.  Said  petition  filed  shall  have 
the  same  force  and  effect  as  the  original  petition.  (1913,  P.  L. 
719,  §17.) 

§411.  Vacancies  happening  or  existing  after  the  date  of  the 
primary  may  be  filled  in  accordance  with  the  party  rules,  as  is 
now  or  may  hereafter  be  provided  for  by  law.  (1913,  P.  L.  719, 
§17.)  See  also  §§  450  to  468. 

G.    PARTY  BALLOTS. 

§412.  The  names  of  all  party  candidates  are  printed  on  party 
ballots  upon  filing  of  nomination  petitions  in  their  behalf,  signed 
by  qualified  electors  of  the  State  or  political  district  or  division 
in  which  the  nomination  is  to  be  made  or  the  election  held  and 
affidavits  filed  by  the  various  candidates.  (1917,  P.  L.  244,  §2.) 

§413.  No  person's  name  shall  be  printed  on  the  ballot  of  a 
party  for  party  office  unless  he  is  a  qualified  elector  of  that  party. 
(1917,  P.  L.  244,  §2.) 

§413-A.  The  ballot  shall  vary  in  form  only  as 'the  names  of 
districts,  offices,  candidates  or  the  provisions  of  this  act  may 
require.  Immediately  after  the  last  day  fixed  for  filing  of  such 
nomination  petitions  with  them,  the  Secretary  of  the  Common- 
wealth or  the  county  commissioners,  as  the  case  may  be,  shall  fix 
a  day  for  the  casting  of  lots  for  the  position  of  names  upon  the 
primary  ballot  and  shall  give  notice  to  the  candidates  to  appear- 
before  them  for  that  purpose.  Such  candidates  shall  appear  in" 
person  or  by  agent  duly  authorized  by  letter  of  attorney  signed  and 
acknowledged  by  an  officer  empowered  to  take  acknowledgments'. 
In  the  event  of  any  said  candidates  not  being  present  in  person  or 

81 


Sees.  413-A-448         CANDIDATES — PRIMARIES. 

by  representative  at  the  time  of  casting  of  lots,  it  shall  be  the  duty 
of  the  Secretary  of  the  Commonwealth  or  the  county  commission- 
ers to  appoint  some  person  to  represent  such  absentee.  After  said 
lots  are  cast  the  Secretary  of  the  Commonwealth  or  the  county 
commissioners,  as  the  case  may  be,  shall  establish  the  order  in 
which  the  names  of  said  candidates  are  to  appear  upon  the  primary 
ballot  and  to  certify  the  same  for  printing  upon  the  official  pri- 
mary ballot.  (1921,  P.  L.  ,  Act  No.  283,  §1.) 

§414.  Opposite  or  under  the  name  of  each  candidate  for  state 
office  to  have  name  of  county  printed  opposite  name.  Candidates 
for  county  or  district  office  to  have  residence  printed  opposite 
name.  Candidates  with  same  surnames  may  have  occupation 
printed  on  ballot.  (1915,  P.  L.  1025,  §1.) 

XXXV.     NOMINATIONS  FOR  JUDGES  AND  SECOND 
CLASS  CITY  OFFICES. 

§415.  Judges  of  the  Supreme  Court  and  Superior  Court  are 
nominated  on  party  tickets  at  party  primaries  in  any  year  in  the 
manner  and  subject  to  the  same  laws  as  govern  the  nomination 
of  other  state  officers  nominated  by  the  voters  of  the  state  at  large, 
and  such  judges  as  nominated  are  elected  at  the  following  general 
or  municipal  elections.  (1921,  P.  L.  ,  Act  No.  198,  §1.)  See 
also  §§375  to  414. 

§416.  All  other  judges  of  courts  of  record  elected  in  any  county 
or  judicial  district  are  nominated  on  party  tickets  at  party  pri- 
maries in  odd  numbered  years  in  the  manner  and  subject  to  the 
same  laws  in  all  respects  as  govern  the  election  of  members  of  the 
General  Assembly  and  such  judges  as  nominated  are  elected  at 
the  following  municipal  election.  (1921,  P.  L.  ,  Act  No.  198, 
§2,)  See  also  §§375  to  414. 

§417.  All  candidates  for  any  elective  office  in  cities  of  the  second 
class  shall  be  nominated  on  party  tickets  at  party  primaries  in  odd 
numbered  years  in  the  same  manner  and  subject  to  the  same  laws 
in  all  respects  as  govern  the  nomination  of  municipal  officers  in 
other  municipalities  and  such  officers  in  cities  of  the  second  class 
shall  be  elected  at  the  municipal  elections  which  elections  shall 
be  held  and  conducted  in  the  manner  provided  by  law.  (1921,  P.  L. 
,  Act  No.  199,  §1.)  See  also  §§375  to  414. 

§418  to  447.  (Blank).     Repealed  1921  P.  L.      ,  Act  No.  198. 
XXXVI.    ELECTIONS. 
A.    PARTY  NAME. 

§448.  If  five  (5)  electors  composing  any  political  body  making 
a  nomination  by  nomination  papers  shall  file  with  the  prothono- 
tary  of  the  county  in  which  the  nomination  paper  or  papers  are 
to  be  filed  an  affidavit  setting  forth  that  they  have  adopted  a 
certain  political  appellation  to  designate  their  policy,  subject  to 

82 


CANDIDATES — ELECTIONS.  SeCS.   448-452 

the  limitations  of  this  act  regarding  the  selection  of  names,  that 
thereafter  such  political  body  shall  have  the  exclusive  right  to  use 
the  said  name  or  appellation  for  the  election  for  which  such  nomi- 
nation or  nominations  are  made,  provided  that  a  certificate  from 
the  prothonotary  setting  forth  such  a  compliance  with  the  act  be 
filed  with  the  nomination  papers  filed  by  such  political  body. 
See  Wakefield's  Appeal,  229  Pa.  582  and  585,  also  Independence 
Party  Nomination,  208  Pa.  108.  (1919,  P.  L.  855,  §1.) 

§449.  If  five  (5)  electors,  composing  any  political  body  as 
hereinbefore  provided,  shall  file  an  affidavit,  as  aforesaid,  setting 
forth  that  they  have  adopted  a  certain  political  name  or  appella- 
tion to  designate  their  policy  for  the  purpose  of  making  nomi- 
nations for  ward  officers  or  officers  to  be  elected  in  any  ward,  such 
affidavit  shall  give  to  such  body  of  electors  the  exclusive  right  to 
use  the  said  name  or  appellation  for  the  nomination  of  any  candi- 
dates for  any  precinct  or  other  subdivision  of  such  ward  for  the 
election  for  which  such  nominations  are  made.  (1919,  P.  L.  855, 
§1.)  See  also  Independence  Party  Nominations  208  Pa.  108. 

B.     CANDIDATES'  PETITIONS. 

§450.  Nominations  of  candidates  for  any  public  office  may  also 
be  made  by  nomination  papers,  signed  by  qualified  electors  of 
the  State,  or  of  the  electoral  district  or  division  thereof  for  which 
the  nomination  is  made,  and  filed  in  the  proper  office  as  provided 
in  section  5  (as  amended  July  9,  1919,  P.  L.  832,  §1.)  of  this  act. 
Blank  forms  for  making  such  nomination  shall  be  furnished  by 
the  Secretary  of  the  Commonwealth,  and  no  other  form  than  the 
ones  so  prescribed  shall  be  used  for  such  purposes.  (1919,  P.  L. 
855,  §1.) 

§451.  Where  the  nomination  is  for  any  office  to  be  filled  by 
the  voters  of  the  State  at  large,  the  number  of  qualified  electors 
of  the  State  signing  such  nomination  paper  shall  be  at  least  one- 
half  of  one  per  centum  of  the  largest  vote  for  any  officer  elected 
in  the  State  at  the  last  preceding  election  at  which  a  State  officer 
was  voted  for.  In  the  case  of  all  other  nominations,  the  number 
of  qualified  electors  of  the  electoral  district  or  division  signing 
such  nomination  paper  shall  be  at  least  two  per  centum  of  the 
largest  entire  vote  for  any  officer  elected  at  the  last  preceding  elec- 
tion in  the  said  electoral  district  or  division  for  which  said  nomi- 
nation papers  are  designed  to  be  made.  (1919,  P.  L.  855,  §1.) 

§452.  Each  elector  signing  a  nomination  paper  shall  add  to 
his  signature  his  place  of  residence  and  occupation,  and  no  person 
may  subscribe  to  more  than  one  nomination  for  each  office  to  be 
filled.  The  signatures  to  each  nomination  paper  and  the  qualifi- 
cation of  the  signers  shall  be  vouched  for  by  the  affidavit  of  at 
least  five  (5)  of  the  signers  thereof,  which  affidavit  shall  accom- 
pany the  nomination  paper.  (1919,  P.  L.  855,  §1.) 

83 


Sees.  453-459  CANDIDATES — ELECTIONS. 

§453.  All  certificates  of  nomination  and  nomination  papers 
shall  specify : 

First :  The  party  or  policy  which  such  candidate  repre- 
sents, expressed  in  not  more  than  three  words;  in  the 
case  of  electors  of  President  and  Vice-President  of 
the  United  States,  the  names  of  the  candidates  for 
President  and  Vice-President  shall  be  added  to  the 
party  or  political  appellation. 

Second :  The  name  of  each  candidate  nominated  there- 
in, his  profession,  business  or  occupation,  if  any,  and 
his  place  of  residence,  with  street  and  number  thereon, 
if  any. 

Third:  The  office  for  which  such  candidate  is  nomi- 
nated. (1897,  P.  L.  223,  §2.) 

§454.  No  words  shall  be  used  in  any  nomination  papers  to 
describe  or  designate  the  party  or  policy  or  political  appellation 
represented  by  the  candidate  named  in  such  nomination  papers, 
as  aforesaid,  identical  with  the  words  used  for  the  like  purpose  in 
certificates  of  nominations  made  by  a  convention  of  delegates  or 
primary  meeting  of  electors,  or  caucus  held  under  the  rules  of  a 
political  party,  or  any  board  authorized  to  certify  nominations,, 
representing  a  political  party  which,  at  the  last  preceding  election,, 
polled  two  per  centum  of  the  largest  vote  cast.  (1897,  P.  L.  223,  §2.) 

§455.  If  objections  filed  to  a  nomination  certificate  or  paper 
on  account  of  the  party  or  political  appellation  used  therein,  or 
involving  the  right  as  defined  by  sections  two  and  three  of  this, 
act,  to  file  such  certificate  or  paper,  shall  be  decided  by  the  Court, 
of  Common  Pleas  on  hearing,  as  hereinafter  provided.  (1897,. 
P.  L.  223,  §2.) 

§456.     Nomination  Papers  for  Elections. 

Nomination  papers  for  Presidential  electors.  Members  of  the 
House  of  Representatives  of  the  U.  S.  and  for  State  Offices,  includ- 
ing Judges,  Senators  and  Representatives  to  be  filed  with  the  Sec- 
retary of  the  Commonwealth  at  least  sixty  (60)  days  before  the 
day  of  the  election.  (1919,  P.  L.  832,  §1.) 

§457.  Nomination  Papers  for  all  other  offices  to  be  filed  with 
County  Commissioners  at  least  twenty-eight  (28)  days  before  the 
election.  (1919,  P.  L.  832,  §1.) 

§458.  Pennsylvania  is  entitled  to  thirty-eight  (38)  Presidential 
Electors  being  equal  to  the  whole  number  of  United  States  Sena- 
tors and  Representatives  to  which  this  state  is  entitled  in  Con- 
gress. (U.  S.  Const.  Art.  2,  §2  and  12th  Amendment.) 

§459.  Presidential  Electors  are  usually  selected  according  to* 
the  various  party  rules.  (Editor.) 

84 


CANDIDATES—  ELECTIONS.  SeCS.   460-465 

§460.  Nomination  papers  presented  for  filing  to  the  Secretary 
of  the  Commonwealth  or  County  Commissioners,  if  found  defec- 
tive, shall  not  be  filed.  Action  of  above  officers  for  refusing  to 
receive  papers,  are  subject  to  review  by  Common  Pleas  Court. 
(1919,  P.  L.  832,  §2.) 

§461.  Objections  to  nomination  papers  filed  shall  be  made  in 
writing  and  filed  in  the  Court  of  Common  Pleas  of  the  County  in 
which  the  paper  objected  to  has  been  filed.  Also  with  the  officer 
or  officers,  with  whom  such  papers  has  been  filed  and  within  the 
following  periods  : 

First  :     Papers  filed  with  the  Secretary  of  the  Common- 
wealth, at  least  fifty  (50)  days  before  election. 

Second:     In  case  of  papers  filed  with  County  Commis- 
sioners, at  least  twenty-five  (25)  days  before  election. 
(1919,  P.  L.  832,  §2.) 

§462.  Court  shall  hear  and  finally  determine  case,  with  respect 
to  papers  filed  with  the  Secretary  of  the  Commonwealth  at  least 
thirty  (30)  days  before  election,  and  in  other  cases  at  least  eighteen 
(18)  days  before  election.  (1919,  P.  L.  832,  §2.) 

§463.  In  determining  or  reckoning  the  period  of  time,  the  day 
upon  which  the  act  is  done,  papers  filed  or  notice  given  shall  be 
excluded  from  and  the  date  of  the  election  shall  be  included  in  the 
calculation  or  reckoning.  (1919,  P.  L.  832,  §1.) 

§464.  The  Secretary  of  the  Commonwealth  shall,  fourteen 
(14)  days  at  least  previous  to  the  day  of  any  election  of  United 
States  or  State  officers,  or  for  the  adoption  of  amendments  to  the 
Constitution  of  this  Commonwealth,  transmit  to  the  county 
commissioners  and  the  sheriff  in  each  county,  in  which  such 
election  is  to  be  held,  duplicate  official  lists,  stating  the  names  and 
residences  of,  and  parties  or  policies  represented  by,  all  candi- 
^lltfr^whose  nomination  certificates  or  papers  have  been  filed 
found  aiiii*Xitr*i*-«4Ti  m-ovided  for  such  election,  and  have  not  been 
to  be  voted  for  l 
substantially  in  the 


d«*.  *•  L  338^ 

C     WITHDRAWALS  AND  VACANCIES. 

^5.    Any  candidate  whose  narne  has  been  presented  for^he 

office  of  Pres  idenfaa  1  .  ^^^to  any  State  office,  including 
sentatives  of  the  United  States  or  tor  a  .^  ^^  hls 

those  of  judges    Senator  *  and*^^  ^     request  in  writing, 


sen 

those  of  judges    Senator  *  and*^^  ^     request  in  writing, 

-ISX  (50)  days  before 


Sees.  465-468  CANDIDATES  —  ELECTIONS. 

election  day.  Names  filed  with  the  County  Commissioners  may 
be  withdrawn  twenty-five  (25)  days  before  election  day.  No 
names  so  withdrawn  shall  be  printed  upon  the  ballots.  (1919, 
P.  L.  832,  §3.) 

§466.  In  case  of  the  death  or  withdrawal  of  any  candidate 
nominated  as  herein  provided,  the  citizens  who  nominated  such 
candidate,  may  nominate  a  substitute  in  his  place,  by  filing  in  the 
proper  office  at  any  time  before  the  day  of  election,  a  nomination 
paper  which  shall  conform  to  all  the  requirements  of  this  act  in 
regard  to  original  papers.  Provided,  That  if  the  said  citizens 
shall  have  authorized  any  committee,  to  make  nominations  in 
the  event  of  the  death  or  withdrawal  of  candidates,  the  said 
citizens  (shall  not  be  required)  to  sign  a  new  nomination  paper, 
but  the  said  committee  shall  have  power  to  file  the  requisite 
nomination  paper,  which  shall  recite  the  facts  of  the  appointment 
and  powers  of  the  said  committee  (naming  all  its  members),  of  the 
death,  or  withdrawal  of  the  candidate,  and  of  the  action  of  the 
committee  thereon,  and  the  truth  of  these  facts  shall  be  verified 
by  the  affidavit  annexed  to  the  paper  of  two  members  of  the  com- 
mittee, and  also  of  two  of  the  citizens  who  made  affidavit  to  the 
original  paper:  And  provided,  also,  That  in  case  of  a  substituted 
nomination  paper  not  filed  by  a  committee,  but  signed  by  citizens, 
it  shall  only  be  necessary  that  two-thirds  of  the  signers  of  the  said 
paper  shall  have  been  signers  of  the  original  paper.  (1893,  P.  L. 

,  419,  §11.    29  D.  R.  984.) 

§467.  All  substituted  nomination  papers  may  be  objected  to 
as  provided  in  section  six  of  this  act,  (1),  and  if  a  substituted 
paper  be  filed  after  the  last  day  for  filing  the  original  paper, 
objections  must  be  made  within  four  (4)  days  after  the  filing,  and 
no  objections,  as  to  form  and  conformity  to  law  shall  be  received 
after  the  time  set  for  printing  the  ballots.  (1893,  P.  L.  419,  §12.) 
(1)  See  §§461  and  462. 

«r»  a  but  twenty  ™ 


banots  have  ^S^^K^^'^^ 


.86 


CANDIDATES  —  EXPENSES.  SeCS.    468-475 

and  distribute  with  the  ballots  suitable  slips  of  paper  bearing  the 
substituted  name,  together  with  the  title  of  the  office,  and  having 
adhesive  paste  upon  the  reverse  side,  which  shall  be  offered  to  each 
voter  with  the  regular  ballot  and  may  be  affixed  thereto.  (1) 
(1893,  P.  L.  419,  §12.)  (1)  See  §85. 

XXXVH.  EXPENSES. 

§469.     '  '  Candidate  for  Nomination  '  '  Defined. 

The  term  "candidate  for  nomination",  shall  include  all  persons 
whose  names  are  presented  for  nomination  to  public  office  at  any 
primary  meeting,  caucus,  or  convention,  whether  or  not  such 
persons  are  actually  nominated  thereat.  (1906,  P.  L.  78,  §1.) 

§470.     "Candidate  for  Election  "  Defined. 

The  term  "candidate  for  election"  shall  include  all  persons 
whose  names  are  printed  as  candidates  on  the  official  ballots,  or 
on  any  official  sticker,  used  at  any  election;  and  also  all  persons 
voted  for,  for  any  public  office,  who  shall  receive  at  least  ten  per 
cent,  of  the  highest  vote  received  by  the  successful  candidate  for 
such  office,  but  whose  names  were  not  printed  on  the  official 
ballots.  (1906,  P.  L.  78,  §1.) 

§471  .     "  Candidate  '  '  Defined. 

The  term  "candidate"  as  used  in  this  act,  shall,  unless  espe- 
cially restricted  therein,  include  both  candidates  for  nomination 
and  candidates  for  election.  (1906,  P.  L.  78,  §1.) 

§472.     "  Public  Office  "  Defined. 

The  term  "public  Office"  shall  include  every  public  office  to 
which  persons  can  be  elected  by  vote  of  the  people.  (1906,  P.  L. 

78,  §1.) 

§473.     "  Political  Committee  "  Defined. 

The  term  "political  committee",  shall  include  every  two  or 
more  persons  who  shall  be  elected,  appointed  or  chosen,  or  who 
shall  have  associated  themselves  or  co-operated,  for  the  purpose, 
of  controlling  ur^~~f  ^oidncr.  collecting  or  disbursing  money,  or 
of  money,  for  election  expenses,  u-  --  ^cKnrsement 

&474.     "Election  Expenses"  Pefined- 

as  used 


The  term  "election  expenses 
all  expenditures  of  money  ^dates  for  public 

of  the  nomination  of  ^K^SKKS  Person  or  V**™? 
office  or  in  furtherance  of  the  elect^^nyo^  election  to  -public 
public  office,  or  to  defeat  the  Jggfg^^nj 

Every  political  committee  shall  appint  of  m()ney 

com^ttee,  or  by  any 


87 


Sees.  475-477  CANDIDATES — EXPENSES. 

of  its  members,  for  election  expenses;  and  unless  such  treasurer 
is  first  appointed,  and  thereafter  maintained,  it  shall  be  unlawful 
for  a  political  committee  or  any  of  its  members  to  collect,  receive 
or  disburse  money  for  any  such  purpose.  All  money  collected 
or  received  by  any  political  committee  or  by  any  of  its  members, 
for  election  expenses,  shall  be  paid  over  and  made  to  pass  through 
the  hands  of  the  treasurer  of  such  committee,  and  shall  be  dis- 
bursed by  him;  and  it  shall  be  unlawful  for  any  political  committee 
or  any  of  its  members  to  disburse  any  money  for  election  expenses, 
unless  such  money  shall  have  passed  through  the  hands  of  the 
treasurer. .  (1906,  P.  L.  78,  §2.) 

.§476.  National  Banks  and  Corporations  authorized  by  Laws 
of  Congress  prohibited  from  making  money  contribution  for 
election  purposes. 

That  it  shall  be  unlawful  for  any  National  bank,  or  any  corpor- 
ation organized  by  authority  of  any  laws  of  Congress,  to  make 
money  contribution  in  connection  with  any  election  to  any  politi- 
cal office.  It  shall  also  be  unlawful  for  any  corporation  whatever 
to  make  a  money  contribution  in  connection  with  any  election 
at  which  Presidential  and  Vice-Presidential  electors  or  a  Repre- 
sentative in  Congress  is  to  be  voted  for  or  any  election  by  any 
State  Legislature  of  a  United  States  Senator.  Every  corpora- 
tion which  shall  make  any  contribution  in  violation  of  the  fore- 
going provisions  shall  be  subject  to  a  fine  not  exceeding  five  thou- 
sand dollars  ($5,000.00)  and  every  officer  or  director  of  any  cor- 
noration  who  shall  consent  to  any  contribution  by  the  corpora- 
tion in  violation  of  the  foregoing  provisions  shall  upon  conviction 
be  punished  by  a  fine  'not  exceeding  one  thousand  ($1,000.00) 
dollars  and  not  less  than  two  hundred  and  fifty  ($250.00)  dollars, 
or  by  imprisonment  for  a  term  of  not  more  than  one  (1)  year,  or 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 
(Act  of  Cong.  Jan.  26,  1907,  34  Stat.  at  L.  864,  §1.) 

r  — — o  x  luiiioited,  Except 


CANDIDATES — EXPENSES.  SeCS.   478-479 

§478.  Lawful  Expenses  Which  Shall  be  Paid  by  Treasurer  or 
Political  Committee,  or  by  Candidates  for  Nomination  or  Elec- 
tion to  Office. 

No  candidate,  and  no  treasurer  of  any  political  committee, 
shall  pay,  give  or  lend,  or  agree  to  pay,  give  or  lend,  either  directly 
or  indirectly,  any  money  or  other  valuable  thing  for  any  nomina- 
tion or  election  expenses  whatever,  except  for  the  following  pur- 
poses : 

First:     For  printing  and  traveling  expenses,  and  per- 
sonal expenses  incident  thereto,   stationery,   adver- 
tising,  postage,   expressage,   freight,  telegraph,   tele- 
phone, and  public  messenger  services. 
Second :     For  dissemination  of  information  to  the  public. 
Third:     For    political    meetings,    demonstrations    and 
conventions,  and  for  the  pay  and  transportation  of 
speakers. 
Fourth:     For  the  rent,  maintenance  and  furnishing  of 

offices. 

Fifth:     For  the  payment  of  clerks,  typewriters,  steno- 
graphers, janitors  and  messengers  actually  employed. 
Sixth:     For  the  employment  of  watchers  at  primary 
meetings  and  elections,  to  the  number  allowed  by  law. 
Seventh :     For  the  transportation  of  voters  to  and  from 

the  polls. 

Eighth:    For  legal  expenses,  bona  fide  incurred,  in  con- 
nection with  any  nomination  or  election. 
(1906,  P.  L.  78,  §4.) 

§479.     Candidates   and   Treasurers   of   Political   Committees, 

Receiving  or  Disbursing  Sums  Exceeding  Fifty  ($50.00)  Dollars, 

shall  file  Detailed  Accounts,  when  not  in  excess  of  fifty  ($50.00) 

Dollars  shall  certify  same  under  Oath— When  no  Contributions 

— ~,v^  wi  -i^iauuiseiiieiics  Ma<l«,  Account  Need  not  be  Piled. 

Every  candidate  .  for  nomination  at  anj^  plenary  election, 
caucus,  or  convention,  whether  nominated  thereat  or  not,  shall, 
within  fifteen  (15)  days  after  the  same  was  held,  if  the  amount 
received  or  expended  shall  exceed  the  sum  of  fifty  ($50.00)  dollars, 
and  every  candidate  for  election,  and  every  treasurer  of  a  political 
committee,  or  person  acting  as  such  treasurer,  shall,  within 
thirty  days  after  every  election  at  which  such  candidate  was 
voted  for  or  with  which  such  political  committee  was  concerned, 
if  the  amount  received  or  expended  shall  exceed  the  sum  of  fifty 
($50.00)  dollars,  file  with  the  officers  hereinafter  specified,  a  full, 
true  and  detailed  account,  subscribed,  and  sworn  or  affirmed  to, 
by  him,  before  an  officer  authorized  to  administer  oaths,  setting 
forth  each  and  every  sum  of  money  contributed,  received  or  dis- 
bursed, by  him  for  election  expenses,  the  date  of  each  contribu- 
tion, receipt,  and  disbursement,  the  name  of  the  person  from 
whom  received  or  to  whom  paid,  and  the  object  or  purpose  for 
which  the  same  was  disbursed.  Such  account  shall  also  set  forth 

89 


vSecs.  479-481  CANDIDATES — EXPENSES. 

the  unpaid  debts  and  obligations  of  any  such  candidate  or  com- 
mittee for  election  expenses,  with  the  nature  and  amount  of  each 
and  to  whom  owing.  In  the  case  of  candidates  for  election  who 
have  previously  filed  accounts  as  candidates  for  nomination,  the 
accounts  shall  only  include  contributions,  receipts,  and  disburse- 
ments, subsequent  to  the  date  of  such  prior- accounts.  If  the 
aggregate  receipts  or  disbursements  of  a  candidate  or  political 
committee  in  connection  with  any  nomination  or  election  shall 
not  exceed  fifty  ($50.00)  dollars,  the  treasurer  of  the  committee 
or  candidate  shall,  within  thirty  (30)  days  after  the  election,  certify 
that  fact  under  oath  to  the  officer  with'  whom  the  statement  is 
filed  as  hereinafter  provided:  Provided,  however,  That  if  a  can- 
didate or  political  committee  does  not  receive  any  contributions 
or  make  any  disbursements,  the  candidates  or  the  treasurer  of 
the  political  committee  shall  not  be  required  to  file  any  account 
or  to  make  any  affidavit.  See  also  Umbers  Election,  231  Pa.  94; 
43  Pa.  Super.  Ct.  598;  Liebel's  Case,  43  Pa.  C.  C.  667.  (1919,  P.  L. 
68,  §1.) 

§480.  Vouchers  shall  accompany  each  expenditure  exceeding 
ten  ($10.00)  dollars — Disbursement  of  anonymous  contributions 
prohibited — With  whom  account  shall  be  filed. 

Every  such  account  shall  be  accompanied  by  vouchers  for  all 
sums  expended  exceeding  ten  ($10.00)  dollars  in  amount.  It 
shall  be  unlawful  for  any  candidate,  or  treasurer  of  a  political 
committee,  or  person  acting  as  such  treasurer,  to  disburse  any 
money  received  from  any  anonymous  source. 

Every  such  account,  concerning  expenses  incurred  by,  or  in 
regard  to,  candidates  for  offices  to  be  voted  for  by  the  electors  of 
the  State  at  large,  shall  be  filed  with  the  Secretary  of  the  Com- 
monwealth ;  and  every  such  account,  concerning  expenses  incurred 
by,  or  in  regard  to,  candidates  for  other  offices  shall  be  filed  with 
the  clerk  o£  tk.  COUrt  of  quarter  sessions  ol  the  several  ^"— 
where  such  candidates  i««,y  respectively  reside:  Provided,  Inat 
if  any  account  concerns  expenses  in  regard  to  candidates  who  do 
not  all  reside  in  the  same  county,  such  accounts  shall  be  hied 
in  each  county  in  which  any  such  candidate  (not  being  a  candidate 
for  an  office  to  be  voted  for  by  the  electors  of  the  State  at  large), 
resides.  (1906,  P.  L.  78,  §6.) 

§481.  Oath  not  to  be  administered  to  persons  elected  to  office 
until  account  is  filed. 

It  shall  be  unlawful  to  administer  the  oath  of  office  to  any  per- 
son elected  to  any  public  office,  until  he  has  filed  an  account  as 
required  by  this  act,  and  no  such  person  shall  enter  upon  the 
duties  of  his  office  until  he  has  filed  such  account,  nor  shall  he 
receive  any  salary  for  any  period  prior  to  the  filing  of  the  same. 
(1906,  P.  L.  78,  §7.) 

90 


CANDIDATES— EXPENSES.  SeCS.    482-485 

§482.     Public  Inspection  of,  and  Preservation  of  Accounts. 

All  such  accounts  shall  be  open  to  public  inspection  in  the  offices 
where  they  are  filed,  and  shall  be  carefully  preserved  there  for  a 
period  of  two  (2)  years.  (1906,  P.  L.  78,  §8.) 

§483.  Time  for  filing  petition  for  auditing  of  accounts- 
Auditor  may  be  appointed — Duties  and  powers  of  Auditor — Dis- 
position of  Costs. 

Within  twenty  (20)  days  after  the  last  day  for  filing  of  any 
account  required  by  this  act,  any  five  (5)  electors  of  the  State,  or 
of  the  political  division  thereof  concerning  which  any  such  account 
has  been  filed,  may  present  a  petition  to  the  court  of  quarter 
sessions  of  the  county  in  which  the  office  where  such  account  has 
been  filed  is  situated,  praying  for  an  audit  of  such  account.  The 
court  shall  thereupon  direct  the  officer  or  officers  with  whom  such 
account  has  been  filed  to  certify  the  same  to  the  court  for  audit, 
and  may,  in  its  discretion,  require  security  to  be  entered  for  costs. 
The  court  may,  in  its  discretion,  appoint  an  auditor  to  audit  said 
account;  but  the  fees  of  such  auditor  shall  not  exceed  the  sum  of 
ten  ($10.00)  dollars  a  day  for  each  day  actually  engaged.  The 
court  or  auditor  shall  fix  a  date,  as  early  as  may  be  convenient, 
for  the  audit;  at  which  time  the  person  by  whom  such  account 
has  been  filed  shall  be  required  to  be  present  in  person,  to  vouch 
his  account,  and  answer,  on  oath  or  affirmation,  all  such  relevant 
questions  concerning  same  as  may  be  put  to  him  by  the  petitioners 
or  their  counsel.  The  auditor  shall  issue  subpoenas  to  all  parties 
whom  the  petitioner  or  the  accountant  may  require  to  give 
evidence  concerning  such  account,  and  he  shall  determine,  subject 
to  exception,  all  questions  as  to  the  admissibility  of  evidence, 
and  shall  file  a  copy  of  the  evidence  with  his  report.  If,  upon 
the  audit,  the  court  shall  decide  that  the  account  was  false  in  any 
substantial  manner,  or  that  any  illegal  election  expenses  were 
incurred- the  rostc  r*f  c^i/i  O«/N+  chall  be  paid  by  the  accountant; 
*«.  wmerwise,  by  the  petitioners.  (1906,  P.  L.  7R  «<>•) 

§484.  Under  the  Act  of  March  5,  1906,  P.  L.  78,  which  pro- 
vides that  "within  twenty  (20)  days  after  the  last  day  for  the 
nlmg  of  any  account  required  by  this  act,  any  five  (5)  electors  of 
the  State  may  present  a  petition  in  a  court  of  quarter  sessions  of 
the  county  in  which  the  office  where  such  account  has  been  filed, 
is  situated,  praying  for  an  audit  of  such  account",  the  filing  of  a 
petition  for  audit  with  the  clerk  of  the  court  of  quarter  sessions, 
the  court  not  being  in  session,  is  a  sufficient,  presentation  of  the 
petition  to  give  the  court  jurisdiction  over  it.  (Jermyn's  Election 
Expenses,  57  Pa.  Super.  Ct.  109.) 

§485.  Decision  of  Court  upon  audit  subject  to  appeal- 
Decisions  to  be  certified  to  Attorney-General — Writ  of  Quo  War- 
ranto  to  be  Issued — Election  shall  be  declared  void  and  office 
vacant  where  illegal  expenses  are  incurred — To  whom  decision  of 
court  shall  be  certified. 

91 


Sees.  485-488  CANDIDATES — EXPENSES. 

The  decision  of  the  court  upon  the  audit  shall  be  subject  to 
appeal;  but  if  the  court  shall  decide  that  any  candidate  who  has 
been  elected  has  incurred  any  illegal  election  expenses,  or  has 
consented  to  the  incurring  of  any  illegal  election  expenses  by  any 
person  or  committee,  the  court  shall  certify  its  decision  to  the 
Attorney-General,  who  shall  thereupon  cause  a  writ  of  quo  war- 
ranto  to  be  used;  and  if,  upon  proceedings  under  such  writ  of 
quo  warranto,  it  shall  be  decided  that  the  candidate  in  question 
has  incurred  any  illegal  election  expenses,  or  has  consented  to 
the  incurring  of  illegal  election  expenses  by  any  person  or  com- 
mittee, his  election  shall  be  declared  void  and  his  office  vacant: 
Provided,  That  in  the  case  of  candidates  elected  to  the  office  of 
Senator  or  Representative  in  the  General  Assembly,  the  decision 
of  the  court  shall  be  certified  to  the  President  of  the  Senate  or  to 
the  Speaker  of  the  House  of  Representatives,  as  the  case  may  be : 
And  provided  further,  That  in  the  case  of  any  candidate  elected 
to  the  office  of  member  of  the  House  of  Representatives  of  the 
United  States,  the  decision  of  the  court  shall  be  certified  to  the 
Governor  of  this  Commonwealth,  who  shall  transmit  the  same  to 
the  Speaker  of  the  said  House  of  Representatives.  (1906,  P.  L. 
78,  §10.) 

§486.  If  Court  shall  decide,  upon  audit,  that  illegal  election 
expenses  have  been  incurred,  it  shall  certify  its  decision  to  District 
Attorney,  who  shall  institute  criminal  proceedings. 

If  the  court  shall  decide,  upon  the  audit,  that  any  person, 
whether  a  candidate  or  not,  has  incurred  illegal  election  expenses, 
or  has  otherwise  violated  any  of  the  provisions  of  this  act,  it  shall 
certify  its  decision  to  the  district  attorney  of  the  county  in  which 
such  person  may  reside,  and  it  shall  thereupon  be  the  duty  of  such 
district  attorney  to  institute  criminal  proceedings  against  such 
person.  (1906,  P.  L.  78,  §11.) 

§487.  All  quebiAo~c  asked  must  be  answered— Answer  « 
to  be  used  as  evidence— Except  in  an  action  for  perjury.  < 

No  person  shall  be  excused  from  answering  any  question,  in  any 
proceedings  under  this  act,  on  the  ground  that  such  answer  would 
tend  to  incriminate  him;  but  no  such  answer  shall  be  used  as 
evidence  against  such  person  in  any  criminal  action  or  prose- 
cution whatever,  except  in  an  action  for  perjury  in  giving  sucn 
testimony.  (1906,  P.  L.  78,  §12.) 

S488.  A  candidate's  sworn  statement  of  expenses  incurred  by 
him  having,  on  petition  of  five  (5)  electors,  been  referred  to  an 
auditor,  as  provided  by  section  9  of  the  Act  of  March  6  1! '06, 
P  L  78  and  the  candidate  having  declined  to  answer  relevant 
questions,  held,  that  section  12,  of  the  act,  providing  that  no 
person  shall  be  excused  from  answering  any  question  on  the 
ground  that  such  answer  would  tend  to  incriminate  him,  is  c 
stitutional.  (Liebel's  Account,  16  D.  R.  595.) 

92 


CANDIDATES — EXPENSES  SeCS.  489-490-A 

§489.  Secretary  of  Commonwealth  shall  furnish  all  blank 
forms  for  statements  of  candidates  and  committees — To  whom 
Secretary  of  Commonwealth  and  County  Commissioners  shall 
transmit  forms. 

The  Secretary  of  the  Commonwealth  shall,  at  the  expense  of 
the  Commonwealth,  furnish  to  the  county  commissioners,  blanks, 
in  the  form  approved  by  the  Secretary  and  Attorney  General, 
suitable  for  the  statements  hereinbefore  required.  On  the  receipt 
of  the  list  of  candidates  for  public  offices,  before  a  caucus  or 
primary,  or  upon  the  filing  of  a  nomination,  before  a  municipal 
election,  the  county  commissioners  shall  transmit  to  the  candidate 
or  candidates  put  in  nomination,  or  at  said  primaries,  and  t®  the 
treasurers  of  political  committees,  the  blanks  above  described. 
Upon  the  filing  of  a  nomination  for  a  State  or  National  election, 
the  Secretary  of  the  Commonwealth  shall  transmit  to  the  candi- 
date or  candidates  put  in  nomination,  and  to  the  treasurer  of  the 
political  committees,  the  blanks  above  described.  To  any  person 
required  to  file  a  statement,  such  blank  shall  be  furnished  upon 
application  therefor.  (1906,  P.  L.  78,  §13.) 

§490.     Penalty  for  incurring  illegal  election  expenses. 

Any  person  who  shall  incur  any  illegal  election  expenses,  or 
otherwise  violate  any  of  the  provisions  of  this  act,  shall  be  guilty 
of  a  misdemeanor;  and,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  ($50.00)  dollars  or  more 
than  one  thousand  ($1,000.00)  dollars,  or  by  imprisonment  for 
not  less  than  one  month  or  more  than  two  years,  either  or  both, 
at  the  discretion  of  the  court.  (1906,  P.  L.  78,  §14.) 

§490-A.  Corrupt  Practices  Act  of  Congress.  An  Act  of  Con- 
gress requires  candidates  for  the  office  of  Senator  or  Representa- 
tive in  Congress  to  file,  not  less  than  ten  days  nor  more  than  fifteen 
days  before  the  day  of  any  primary,  special  or  general  election,  a 
full,  correct  and  itemized  statement  of  all  moneys  and  things  of 
value  received  by  him  or  by  anyone  for  him  with  his  knowledge  or 
consent,  from  any  source,  in  aid  or  support  of  his  candidacy,  together 
with  the  names  of  all  those  who  have  furnished  the  same  in  whole 
or  in  part;  and  such  statement  shall  contain  a  true  and  itemized 
account  of  all  moneys  and  things  of  value  given,  contributed,  ex- 
pended, used,  or  promised  by  such  candidate,  or  by  his  agent, 
representative,  or  other  person  for  and  in  his  behalf  with  his  knowl- 
edge and  consent,  together  with  the  names  of  all  those  to  whom 
any  and  all  such  gifts,  contributions,  payments,  or  promises  were 
made  for  the  purpose  of  procuring  his  nomination  or  election. 

A  similar  statement  must  also  be  filed  within  fifteen  (15)  days 
after  the  primary  and  thirty  (30)  days  after  a  special  or  general 
election  with  the  clerk  of  the  House  of  Representatives  or  the 
Secretary  of  the  Senate,  as  the  case  may  be.  (Aug.  19,  1911,  37 
Stat.  at.  L.  25;  Aug.  23,  1912—37  Stat.  at  L.  360.  See  also  U.  S. 
v.  Newberry,  ,  U.  S.  .) 

93 


Sec.  491 


STATUTES PRIMARIES. 


PART  VII. 


How  can- 
didates shall 

be  nominated 


Party 

officers. 


May  vote 
for  pref  erencs 
for  President. 


Nomination 
papers. 


UNIFORM  PRIMARIES  ACT 
Approved  July  12,  1913,  P.  L.  719  as  amended  to  1921. 

Regulating  certain  political  parties,  providing  for  and  regulating 
the  nomination  of  candidates  of  such  political  parties  for 
certain  public  offices,  the  election  of  delegates  and  alternate 
delegates  to  National  party  conventions,  and  of  certain 
party  officers,  including  State  committeemen;  a  method 
whereby  electors  of  such  political  parties  may  express 
their  choice  of  candidates  for  the  office  of  President  of  the 
United  States;  and  the  payment  by  the  several  counties, 
and  their  reimbursement  by  the  State,  of  the  expenses  of 
the  same;  authorizing  the  State  committee  of  a  political 
party  to  make,  and  to  alter,  amend,  and  revoke,  rules;  and 
providing  penalties  for  the  violation  of  the  provisions  of 
this  act,  and  for  the  punishment  of  certain  offenses  provided 
for  herein;  and  repealing  inconsistent  legislation. 

§491.  Sec.  1.  [Be  it  enacted,  &c.],  That  hereafter  all  candidates 
of  political  parties,  as  herein  denned,  for  the  office  of  United 
States  Senator,  for  the  office  of  Representative  in  Congress, 
for  all  elective  State,  county,  city,  ward,  borough,  township, 
school  district,  and  election  division  or  district  officers,  and 
for  all  other  elective  public  offices  except  that  of  Presidential 
elector,  shall  be  nominated,  and  delegates  and  alternate  dele- 
gates to  National  party  conventions  and  State  committee- 
men  shall  be  elected,  at  primaries  held  in  accordance  with  the 
provisions  of  this  act,  and  in  no  other  manner.  All  such  party 
officers  as  are  required  by  the  rules  of  the  several  political  parties 
to  be  elected  by  the  vote  of  the  party  electors  shall  be  elected  at 
primaries  held  in  accordance  with  the  provisions  of  this  act, 
excepting  members  of  the  National  committee,  who  shall  be  elected 
as  hereinafter  provided.  In  the  years  when  candidates  for  the 
office  of  President  of  the  United  States  are  to  be  nominated, 
every  qualified  elector  of  a  political  party,  herein  defined  to  be  a 
political  party  within  the  State,  shall  have  opportunity  at  the 
primaries  held  in  such  years,  subject  to  the  provisions  of  this  act, 
to  vote  his  preference  for  one  person  to  be  the  candidate  of  his 
political  party  for  President.  This  act  shall  not  apply  to  the 
nomination  of  candidates  to  be  voted  for  at  special  elections  to 
fill  vacancies,  except  when  such  special  election  is  held  at  the  time 
of  a  regular  election  and  such  vacancy  occurred  or  existed  at  least 
sixty  days  prior  to  the  regular  primary  antecedent  to  such  regular 
election; and  nothing  herein  contained  shall  prevent  any  body  of 
electors  not  constituting  a  political  party  from  nominating  candi- 
dates by  nomination  papers,  as  is  now  or  may  hereafter  be  pro- 
vided by  law. 

94 


STATUTES — PRIMARIES.      Sees.   491-492 

The  State  committee  of  each  political  party  may  make  such  Party 
rules  for  the  government  of  such  State  committee,  not  incon-rulet* 
sistent  with  law,  as  it  may  deem  expedient;  and  may  also  revoke 
or  alter  or  amend,  in  any  manner  not  inconsistent  with  law,  any 
present  or  future  rules  of  such  State  committee. 

National  committeemen  shall  be  elected  by  the  State  com-  National 
mittee  of  each  respective  party,  unless  the  rules  of  the  National Commlttee- 
party  otherwise  provided;  in  which  case  they  shall  be  elected  in 
the  manner  provided  by  the  rules  of  the  National  party,  and  all 
State   committeemen  shall  be  elected  by  Senatorial  districts,  state 
Each  Senatorial  district  shall  be  entitled  to  elect  two  members Commlttee- 
of  the  State  committee,  except  where  a  Senatorial  district  is  com- 
posed of  more  than  one  county  or  part  of  a  county;  in  which  event 
the  electors  residing  in  each  county  or  part  of  a  county  embraced 
in  the  said  Senatorial  district  shall  be  entitled  to  elect  one  State 
committeeman.     The    State    committeemen   thus   elected   shall  organization 
meet  for  organization  not  later  than  the  fifth  Wednesday  follow-  <*• 
ing  their  election,  at  such  hour  and  place  as  shall  be  designated  by 
the  State  chairman  of  each  respective  party.     The  said  State  Election 
committeemen    of    all  parties  shall   be  elected  at  the  Spring  of60* 
primary. 

Vacancies  happening  at  any  time  in  the  office  of  National Vacancle-- 
committeeman  shall  be  filled  by  the  State    committee    of  the 
respective  party,  unless  the  rules  of  the  National  party  otherwise 
provide;  in   which   case  vacancies  shall  be  filled  in  the  manner 
provided  by  the  rules  of  the  National  party 

Vacancies  happening  at  any  time  in  the  office  of  State  commit- 
teeman shall  be  filled  by  the  city  or  county  committee  of  the 
respective  parties :  Provided,  That  when  said  vacancy  occurs  in 
a  county  composed  of  more  than  one  Senatorial  district,  the  members 
of  the  city  or  county  committee  embraced  within  the  Senatorial 
district  in  said  county  shall  elect  said  committeeman;  and  when  a 
vacancy  occurs  in  a  Senatorial  district  composed  of  more  than  one 
county  or  part  of  a  county,  the  members  of  the  county  committee 
embraced  within  said  county  or  part  of  a  county  shall  elect  said  / 
committeeman.  (As  amended  1917,  P.  L.  244,  §1.) 

492.     Sec.  2.     Any  party  or  body  of  electors,  one  of  whose  can-  Drfmitton  of 
didates  at  the  general  election  next  preceding  the  primary  polled  J»rtyC 
in  each  of  at  least  ten  counties  of  the  State  not  less  than  two  per 
centum  of  the  largest  entire  vote  cast  in  each  of  said  counties  for 
any  elected  candidate,  and  polled  a  total  vote  in  the  State  equal 
to  at  least  two  per  centum  of  the  largest  entire  vote  cast  in  the 
State  for  any  elected  candidate,  is  hereby  declared  to  be  a  political 
party  within  the  State;  and  shall  nominate  all  its  candidates  for  party  within 
any  of  the  offices  provided  for  in  this  act,  and  shall  elect  its  dele- tke  Sut* 
gates  and  alternate  delegates  to  the  National  convention.     State 
committeemen,  and  also  such  party  officers,  including  members  of 
the  National  committee,  as  its  rules  provide,  shall  be  elected  by  a 
vote  of  the  party  electors,  in  accordance  with  the  provisions  of 
this  act. 

95 


Sees.  492-494 


STATUTES PRIMARIES. 


Any  party  or  body  of  electors,  one  of  whose  candidates  at  either 
the  general  or  municipal  election  preceding  the  primary  polled 
at  least  five  per  centum  of  the  largest  entire  vote  cast  for  any 
elected  candidate  in  any  county,  is  hereby  declared  to  be  a  political 
party  within  said  county;  and  shall  nominate  all  its  candidates  for 
office  in  such  county  and  in  all  political  districts  within  said 
county,  or  of  which  said  county  forms  a  part,  and  shall  elect  such 
party  officers  as  its  rules  provide  shall  be  elected  therein,  by  a 
vote  of  the  party  electors,  in  accordance  with  the  provisions  of 
this  act. 

§493.  Sec.  3.  One  primary  shall  be  held  each  year,  in  every 
election  district  of  this  Commonwealth  in  which  nominations  are 
to  be  made,  or  delegates  and  alternate  delegates  to  National  party 
conventions,  State  committeemen  or  party  officers,  including  mem- 
bers of  the  National  committee,  are  to  be  elected  as  herein  pro- 
vided. The  said  primaries  shall  be  held  on  the  third  Tuesday 
of  September  in  all  odd-numbered  years,  and  on  the  third  Tuesday 
of  May  in  all  even-numbered  years.  The  primary  held  on  the 
third  Tuesday  of  September  shall  be  known  as  the  Pall  primary, 
and  the  primary  held  on  the  third  Tuesday  of  May  shall  be  known 
as  the  Spring  primary. 

Candidates  for  all  offices  to  be  filled  at  the  general  election  shaft 
be  nominated  at  the  Spring  primary.  Delegates  and  alternate 
delegates  to  National  party  conventions,  State  committeemen , 
and  such  party  officers,  including  members  of  the  National  commit- 
tee, as  are  required  by  the  rules  of  the  several  political  parties  to 
be  elected  by  a  vote  of  the  party  electors,  shall  be  elected  at  the 
Spring  primary,  except  as  otherwise  provided  in  this  act. 

The  vote  for  candidates  for  the  office  of  President  of  the  United 
States,  as  herein  provided  for,  shall  be  cast  at  the  Spring  primary. 

Candidates  for  all  offices  to  be  filled  at  the  municipal  election 
shall  be  nominated 'at  the  Fall  primary.  (As  amended  1919, 
P.  L.  836,  §1.) 

§494.  Sec.  4.  On  or  before  the  ninth  Tuesday  preceding  the 
Spring  primary,  the  Secretary  of  the  Commonwealth  shall  send  to 
the  county  commissioners  of  each  county  a  written  notice  desig- 
nating all  the  offices  for  which  candidates  are  to  be  nominated 
therein,  or  in  any  district  of  which  such  county  forms  a  part,  or  in 
the  State  at  large,  at  the  ensuing  primary,  and  for  the  nomination 
to  which  candidates  are  required  to  file  nomination  petitions  in  the 
office  of  the  Secretary  of  the  Commonwealth,  including  that  of 
President  of  the  United  States;  and  shall  also,  in  said  notice,  set 
forth  the  number  of  representatives  in  Congress  and  officers  of 
the  Commonwealth  to  be  elected  at  the  next  succeeding  election 
by  a  vote  of  the  electors  of  the  State  at  large,  and  the  number  to 
be  elected  by  a  vote  of  the  electors  of  the  county  or  of  any  district 
therein,  or  of  any  district  of  which  such  county  forms  a  part. 

On  or  before  the  ninth  Tuesday  preceding  the  Fall  primary, 
the  Secretary  of  the  Commonwealth  shall  send  to  the  county 

96 


STATUTES PRIMARIES.  Sec.     494 

commissioners  of  each  county  a  written  notice  designating  all  the 
offices  for  which  candidates  are  to  be  nominated  therein,  or  in  any 
district  of  which  such  county  forms  a  part,  or  in  the  State  at  large, 
at  the  ensuing  primary,  and  for  the  nomination  to  which  candidates 
are  required  to  file  nomination  petitions  in  the  office  of  the  Secretary 
of  the  Commonwealth,  and  designating  how  many  persons  are  to 
be  elected  to  such  offices,  respectively,  at  the  next  succeeding  elec- 
tion. On  or  before  the  ninth  Tuesday  preceding  the  Spring 
primary,  the  chairman-  of  the  State  committee  of  each  political  Notice  as 
party,  herein  defined  to  be  a  political  party  within  the  State, to delegatei- 
shall  send  to  the  county  commissioners  of  each  county  a  written 
notice,  setting  forth  the  number  of  delegates  and  alternate  dele- 
gates to  the  National  convention  of  such  party  who  are  to  be 
elected  in  the  State  at  large  at  the  ensuing  primary,  and  the 
number  of  such  delegates  and  alternate  delegates  who  are  to  be 
elected  at  said  primary  in  such  county,  or  in  any  district  of  which 
such  county  forms  a  part.  The  said  notice  shall  also  set  forth  the 
number  of  members  of  the  National  committee,  if  any,  who,  under 
the  National  party  rules,  are  to  be  elected  at  the  said  primary  in 
the  State  at  large,  and  the  number  of  members  of  the  State  com- 
mittee to  be  elected  at  the  said  primary  in  such  county,  or  in  any 
district  of  which  such  county  or  part  thereof  forms  a  part. 

On  or  before  the  ninth  Tuesday  preceding  the  Spring  primary,  Duty  of 
the  chairman  of  the  county,  and,  in  cases  where  a  city  is   co-  SmSttleif. 
extensive  with  a  county,  the  chairman  of  the  city  committee  of 
each  party,  shall  send  to  the  county  commissioners  of  such  county 
a  written  notice,  setting  forth  the  names  of  all  party  offices  within 
the  county  or  city  to  be  filled  by  election  at  the  ensuing  primary. 

On  or  before  the  ninth  Tuesday  preceding  the  Fall  primary,  the  Doty  of 
clerks  or  secretaries  of  the  various  cities,  boroughs,  townships,  and 8ecrctariei- 
school  districts,  shall,  respectively,  send  to  the  county  commis- 
sioners of  their  respective  counties  a  written  notice  setting  forth 
the  names  of  all  city,  borough,  township,    and   school   district 
offices  for  which  candidates  are  to  be  nominated  at  the  ensuing 
primary. 

Beginning  not  earlier  than  nine  weeks,  nor  later  than  eight  Duties  of 
weeks,  before  the  primary,   the.  county  commissioners  of  each  cSSmLsione 
county  shall  publish  the  number  of  delegates  and  alternate  dele- 
gates to  the  National  convention  of  each  party  who  are  to  be 
elected  in  the  State  at  large  at  the  ensuing  primary,  and  the  num- 
ber of  such  delegates  and  alternate  delegates  and  State  commit- 
teemen  who  are  to  be  elected  at  said  primary  in  said  county,  or  in 
any  district  of  which  such  county  or  part  thereof  forms  a  part; 
and  shall  also  publish  the  names  of  all  offices  foi  which  nominations  Publication, 
are  to  be  made,  and  the  names  of  all  party  offices,  including  that 
of  member  of  the  National  committee,  if  any,  and  State  commit- 
teemen,  for  which  candidates  are  to  be  elected  at  said  primary  in 
said  county,  or  in  any  district  of  which  such  county  or  part  thereof 
forms  a  part,  or  in  the  State  at  large.     Said  notice  shall  contain 
the  date  of  the  primary,  and  shall  be  inserted  in  two  newspapers  of 

97 


Sees.   494-495 


STATUTES PRIMARIES. 


Primary 
ballot* 


Instruction*. 


Form  of 
ballot. 


general  circulation  published  within  the  county,  wherever  such 
course  is  possible,  at  least  once  each  week  for  three  successive 
weeks.  Such  newspapers,  so  far  as  practicable,  shall  be  repre- 
sentative of  the  two  different  political  parties  polling  the  highest 
vote  in  such  county  at  the  last  preceding  November  election,  the 
highest  vote  cast  within  the  county  for  any  candidate  of  a  party 
being  deemed  to  be  the  vote  of  that  party.  (As  amended  1915, 
P.  L.  1044,  §1.) 

§495.  Sec.  5.  Official  primary  ballots  for  each  party  shall  be 
prepared  by  the  county  commissioners.  These  ballots  shall  be 
printed  on  white  paper  of  uniform  quality,  and  shall  be  uniform 
in  size,  style  of  printing  and  general  appearance.  The  ballot 
for  each  party  shall  be  in  the  following  form: — 


(Name  of  Party.) 


Primary  Ballot 


District Ward,  City  of 

County  of State  of  Pennsylvania. 

Primary  held  on  the day  of ,    19. .. 

Make  a  cross  (X)  in  thr  square  to  the  right  of  each  candidate  for 
whom  you  wish  to  vote.  If  you  desire  to  vote  for  a  person  whose 
name  is  not  on  the  ballot,  write  or  paste  his  name  in  the  blank 
space  provided  for  that  purpose. 


President  of  the  United  States 
(Vote  for  one.) 


John  Doe 


Richard  Roe 


Toh.i  Stiles. 


United  States  Senator. 
(Vote  for  one.) 


John  Doe 


Richard  Roe 


John  Stiles. 


98 


STATUTES PRIMARIES. 


Sec.  495 


Governor. 

(Vote  for  one.) 


John  Doe 

Richard  Roe 

John  Stiles  .  ~ 

Representative  in  Congress  at  Large. 
(Vote  for ) 

John  Doe 

Richard  Roe 

John  Stiles 

Representative  in  Congress. District. 

(Vote  for  one.) 

John  Doe 

Richard  Roe 

John  Stiles  — 

Delegate  at  large  to  National  Convention. 
(Vote  for ) 

John  Doe 

(Promises  to  support  popular  ehotce  of  party  in  the  State  for  President.) 

John  Stiles 

(Does  not  promise  to  support  popular  choice  of  party  in  the  State 
for  President.) 


Sec.  495 


STATUTES PRIMARIES . 


Delegate  to  National  Convention District. 

(Vote  for ) 

John  Doe 

(Promises  to  support  popular  choice  of  party  in 

District  for  President.) 

John  Stiles 

(Does  not  promise  to  support  popular  choice  of  party  in 

District  for  President.) 

State  Senator District. 

(Vote  for  one.) 

John  Doe 

Richard  Roe 

John  Stiles 

State  Committeeman. 
(Vote  for ) 

John  Doe 

Richard  Roe 

John  Stiles 

District  Attorney. 
(Vote  for  one.) 

John  Doe 

Richard  Roe 

John  Stiles 


100 


J      1 

>  »       *•«»»••     J     »„. 

>       >  I    J   »      »         •*»»'** 


STATUTES PRIMARIES. 


Sec.  495 


Party  Committeemen. 
(Vote  for ) 


John  Doe. 


Richard  Roe 


John  Stiles 


Under  each  group  of  names  of  candidates  shall  be  printed  as  Blank  space*, 
many  blank  spaces,  defined  by  light  lines  or  rules  three-eighths  of  an 
inch  apart,  as  there  are  to  be  candidates  nominated  for  such  office. 

On  the  back  of  such  ballot  shall  be  printed  in  prominent  type  Printing 

the  words,  "  Official  primary  ballot  of Party, "  °*  back* 

and  there  shall  also  appear  on  the  back  of  such  ballot  the  fac- 
simile signatures  of  the  county  commissioners  of  the  county. 

The  ballot  shall  vary  in  form  only  as  the  names  of  districts,  Form, 
offices,  candidates  or  the  provisions  of  this  act  may  require. 
Immediately  after  the  last  day  fixed  for  filing  of  such  nomination  N 
petitions  with  them,  the  Secretary  of  the  Commonwealth  or  the 
county  commissioners,  as  the  case  may  be,  shall  fix  a  day  for  the 
casting  of  lots  for  the  position  of  names  upon  the  primary  ballot 
and  shall  give  notice  to  the  candidates  to  appear  before  them  for 
that  purpose.  Such  candidates  shall  appear  in  person  or  by  agent 
duly  authorized  by  letter  of  attorney,  signed  and  acknowledged  by 
an  officer  empowered  to  take  acknowledgments.  In  the  event  of 
any  said  candidates  not  being  present  in  person  or  by  representa- 
tive at  the  time  of  casting  of  lots,  it  shall  be  the  duty  of  the  Secre- 
tary of  the  Commonwealth  or  the  county  commissioners  to  appoint 
some  person  to  represent  such  absentee.  After  said  lots  are  cast, 
the  Secretary  of  the  Commonwealth  or  the  county  commission- 
ers, as  the  case  may  be,  shall  establish  the  order  in  which  the  names 
of  said  candidates  are  to  appear  upon  the  primary  ballot  and  to 
certify  the  same  for  printing  upon  the  official  primary  ballot. 
(Partly  amended  1921,  P.  L.  ,  Act  No.  283,  §1.) 

Opposite  or   under  the  name  of  each  candidate,  except  can- Na 
didates  for  the  office  of  President  of  the  United  States,  who  isdu 
to  be  voted  for  by  the  electors  of  more  than  one  county,  shall 
be  printed  the  name  of  the  county  in  which  such  candidate  resides; 
and  opposite  or  under  the  name  of  each  candidate  who  is  to  be 
voted  for  by  the  electors  of  an  entire  county,  or  any  Congressional, 
Senatorial,  or  Representative  district  within  the  county,  shall  be 
printed  the  name  of  the  township,  borough,  or  ward,  and  city,  as 
the  case  may  be,  in  which  such  candidate  resides. 

If  two  or  more  candidates  for  the  same  office  shall  have  the 
same  surname,  or  similar  surnames,  the  county  commissioners 

101 


Sees.  495-496 


STATUTES PRIMARIES. 


How 
to  vote 


Piling  of 

nomination 


Affidavit, 


Signers  may 
not  sign 
more  than 
one  petition 
for  same 


Qualification! 
of  signers. 


Requirement*. 


Time  of 
signing. 


Affidavit. 


shall,  upon  the  request  of  any  of  said  candidates  filed  in  writing 
not  later  than  five  days  after  the  last  day  for  filing  nomination 
petitions,  print  the  occupation  of  any  such  candidate,  so  filing  a 
request,  on  the  ballot  opposite  or  under  his  name. 

The  voter  may  designate  his  choice  as  is  indicated  by  the 
instructions  shown  on  the  form  of  ballot  above  set  forth.  If 
he  shall  vote  for  more  persons  for  any  office  than  there  are  can- 
didates to  be  nominated  or  elected  for  such  office,  or  if  for  any 
reason  it  may  be  impossible  to  determine  his  choice  for  any  office, 
his  ballot  shall  not  be  counted  for  such  office,  but  the  rest  of  hit 
ballot,  if  properly  marked,  shall  be  counted.  No  ballot  shall  be 
rejected  for  any  technical  error  which  does  not  render  it  impossible 
to  determine  the  voter's  choice.  (As  amended  1915,  P.  L.  1025,  §1.) 

§496.  Sec.  6.  The  names  of  candidates  for  nomination  as  Presi- 
dent of  the  United  States,  and  the  names  of  all  other  party  candi- 
dates, shall  be  printed  upon  the  offiqial  ballot  of  a  designated 
party,  upon  the  filing  of  nomination  petitions  in  their  behalf 
signed  by  qualified  electors  of  the  State,  or  of  the  political  district 
or  division,  as  the  case  may  be,  within  which  the  nomination  is 
to  be  made  or  election  is  to  be  held,  and  the  filing  of  affidavits 
by  the  candidates  as  provided  in  this  act;  and  the  names  of  no 
candidates  shall  be  printed  upon  an  official  ballot  of  a  political 
party,  to  be  used  at  any  primary,  unless  such  petitions  shall  have 
been  filed,  and  unless  such  candidates,  except  they  be  candidates 
for  the  office  of  President  of  the  United  States,  shall  have  filed 
affidavits  as  hereinafter  provided. 

(a)  Each  signer  of  a  nomination  petition  shall  sign  but  one 
such  petition  for  each  office  to  be  filled,  and  shall  declare  therein 
that  he  is  a  member  of  the  party  designated  in  such  petition: 
Provided,  however,  That  where  there  are  to  be  elected  two  or 
more  persons  to  the  same  office,  each  signer  may  sign  petitions  for 
as  many  candidates  for  such  office  as,  and  no  more  than,  he  could 
vote  for  at  the  succeeding  election.  He  shall  also  declare  therein 
that  he  is  a  qualified  elector  of  the  county  therein  named;  and,  in 
case  the  nomination  is  not  to  be  made  or  candidates  are  not  to  be 
elected  by  the  electors  of  the  State  at  large,  of  the  political  district 
or  division  therein  named,  in  which  the  nomination  is  to  be  made 
or  the  election  is  to  be  held.  He  shall  add  his  occupation  and 
residence,  giving  city,  borough,  or  township,  with  street  and 
number,  if  any,  and  shall  also  add  the  date  of  signing.  No  nomina- 
tion petition  shall  be  circulated  prior  to  forty  (40)  days  before  the 
last  day  on  which  such  petition  may  be  filed,  and  no  signature 
shall  be  counted  unless  it  bears  date  within  forty  (40)  days  of  the 
last  day  for  filing  the  same. 

Said  nomination  petition  may  be  on  one  or  more  sheets,  and 
different  sheets  must  be  used  for  signers  resident  in  different 
counties.  Each  sheet  shall  have  appended  thereto  the  affidavit 
of  some  person — not  necessarily  a  signer  and  not  necessarily  the  same 
person  on  each  sheet — setting  forth  that  the  affiant  is  a  qualified 
elector  of.  the  State,  or  of  the  political  district  or  division,  as  the 

102 


STATUTES — PRIMARIES.  Sec.  496 

case  may  be,  referred  to  in  said  petition;  his  residence,  giving  city,  Content, 
borough,  or  township,  with  street  and  number,  if  any;  that  theaffidmvit- 
signers  signed  with  full  knowledge  of  the  contents  of  the  petition; 
that  their  respective  residences  are  correctly  stated  therein;  that 
they  all  reside  in  the  county  named  in  the  affidavit,  and  that  each 
signed  on  the  date  set  opposite  his  name;  and  that  to  the  best 
of  affiant's  knowledge  and  belief  the  signers  are  qualified  electors 
and  members  of  the  designated  party  of  the  State,  or  of  the  political 
district  or  division,  as  the  case  may  be. 

(b)  Each  candidate  for  any  State,  county,  or  city  office 

file,  with  his  nomination  petition,  his  affidavit  stating  his  resi- 
dence,  with  street  and  number,  if  any,  and  his  postoffice  address, 
his  election  district,  the  name  of  the  office  for  which  he  consents 
to  be  a  candidate,  that  he  is  eligible  for  such  office,  and  that  he  will 
not  knowingly  violate  any  election  law,  or  any  law  regulating  and 
limiting  nomination  and  election  expenses  and  prohibiting  corrupt 
practices  in  connection  therewith:  Provided,  That  in  no  event 
shall  any  person's  name  be  printed  upon  the  official  ballot  of  any 
party  as  a  delegate,  State  committeemen,  National  committee- 
man  or  party  officer,  unless  he  is  a  qualified  elector  of  said  party. 

In  the  case  of  a  candidate  for  nomination  as  President  of  the  Bxccptlo<l- 
United  States,  it  shall  not  be  necessary  for  such  candidate  to  file 
the  affidavit  required  in  this  section  to  be  filed  by  candidates, 
but  the  postoffice  address  of  such  candidate  shall  be  stated  in 
such  nomination  petition. 

(c)  Each  candidate  for  election  as  delegate  or  alternate  dele- 
gate to  a  National  party  convention  may  include,  with  his  affidavit, 
the  statement  hereinafter  set  forth  in  this  section;  but  his  failure 
to  include  such  statement  shall  not  be  a  valid  ground,  on  the  part 
of  the  Secretary  of  the  Commonwealth,  for  refusal  to  receive  and  file 
his  nomination  petition.     Such  statement,  if  any  be  made,  shall  be 
in  substantially  the  following  form : 

DELEGATE'S  STATEMENT. 

I  hereby  declare  to  the  voters  of  my  political  party  in 
(here  insert  "State  of  Pennsylvania"  if  a  delegate  or  alternate 

delegate  at  large;  otherwise,  insert  " District"), 

that,  if  elected  and  in  attendance  as  a  delegate  to  the  National 
convention  of  the  party,  I  shall  with  all  fidelity,  to  the  best  of  my 
judgment  and  ability,  in  all  matters  coming  before  the  convention, 
support  that  candidate  for  President  of  the  United  States  who  shall 
have  received  the  highest  number  of  votes  cast  in  the  (here  insert 
"State"  if  a  delegate  or  alternate  delegate  at  large;  otherwise, 

insert  " District")  by  the  voters    of  my 

party  for  said  office  at  the  ensuing  primary,  and  shall  use  all  honor- 
able means  within  my  power  to  aid  in  securing  the  nomination  for 
such  candidate  for  President. 


(Signature  of  candidate  for  delegate  or  alternate  delegate.) 
103 


Sees.  496-497 


STATUTES PRIMARIES. 


Nomination 
Petitions. 


Piling. 


Number  of 
signers 

President  and 
U.  S.  Senators. 

State  Officers. 


Congressman  at 
large  and  dele- 
gates. 


Congressmen, 
Delegates, 
Judges,  State 
Senators  and 
Municipal  Offi- 
cers. 


Representative 
and  Committee- 
men. 


Inspector. 
Other  offices. 


On  the  ballot  used  at  a  primary,  after  or  under  the  name  of 
each  candidate  for  delegate  or  alternate  delegate  to  a  National 
party  convention,  shall  appear  the  words  "Promises  to  support 
popular  choice  of  party  in  the  (here  insert  "State, "  if  a  delegate  or 

alternate  delegate  at  large,  otherwise  insert  " District ") 

for  President, "  or  "  Does  not  promise  to  support  popular  choice  of 
party  in  the  (here  insert  "State"  if  a  delegate  or  alternate  delegate 

at  large,  otherwise  insert  " District")  for 

President,"  according  as  if  the  candidate  included,  or  failed  to 
include,  the  above  statement  with  his  affidavit.  (As  amended 
1917,  P.  L.  244,  §2.) 

§497.  Sec.  7.  The  nomination  petitions  in  the  case  of  candi- 
dates for  the  office  of  President  of  the  United  States,  Senator  of  the 
United  States,  member  of  the  House  of  Representatives  of  the 
United  States,  for  all  State  Offices,  for  the  office  of  delegate  or  alter- 
nate delegate  to  a  national  party  convention,  and  for  the  office  of 
member  of  the  State  or  National  committee,  shall  be  filed,  at  least 
forty  days  prior  to  the  primary,  with  the  Secretary  of  the  Common- 
wealth. Nomination  petitions  in  all  other  cases  shall  be  filed,  at 
least  four  weeks  prior  to  the  primary,  with  the  county  commis- 
sioners of  the  respective  counties. 

Nomination  petitions  of  candidates  shall  be  signed — 

(a)  If  for  the  office  of  President  of  the  United  States  or  of 
Senator  of  the  United  States,  by  at  least  one  hundred  qualified 
electors  in  each  of  at  least  ten  counties  of  the  State. 

(b)  If  for  a  State  office,  to  be  filled  by  a  vote  of  the  electors  of  the 
State  at  large,  for  the  office  of  Representative  from  the  State  at 
large  in  the  Congress  of  the  United  States,  for  the  office  of  delegate 
or  alternate  delegate  at  large  to  a  national  party  convention,  or  for 
the  office  of  member  of  the  national  committee,  by  at  least  one 
hundred  qualified  electors  in  each  of  at  least  five  counties  of  the 
State. 

(c)  If  for  the  office  of  a  member  of  the  House  of  Representa- 
tives of  the  United  States,  to  be  filled  by  a  vote  of  the  electors 
of  a   congressional   district;  or  of  delegate  or  alternate  delegate 
to  a  National  party  convention,  other  than  delegate  or  alternate 
delegate  at  large;  or  of  judge  of  any  court,  other  than  a  court  whose 
judges  are  to  be  elected  by  a  vote  of  the  electors  of  the  State  at 
large ;  or  of  State  Senator,  or  of  any  Municipal  Office  to  be  filled 
by  a  vote  of  the  Electors  of  a  Senatorial  district  by  at  least  two 
hundred  qualified  electors. 

(d)  If  for  the  office  of  a  member  of  the  State  House  of  Repre- 
sentatives, or  for  the  office  of  member  of  the  State  committee,  or 
an  office  to  be  voted  for  by  the  electors  of  the  entire  county,  by  at 
least  one  hundred  qualified  electors. 

(e)  If  for  the  office  of  inspector  of  election,  at  least  five  quali 
fied  electors. 

(f)  And  for  all  other  offices,  and  all  other  party  offices,  by  at 
least  ten  qualified  electors.     (As  amended  1919,  P.  L.  839,  §1.) 

104 


STATUTES PRIMARIES.  SeCS.  498-499 

§498.     Sec.  8.     No  nomination  petition  shall  be  refused  or  set 
aside  except  for — 

(a)  Material  error  or  defects  apparent  on  the  face  thereof,  or  Cautea  £<* 
on  the  face  of  the  appended  or  accompanying  affidavits;  or       peSnV 

(b)  Material  alterations  made  after  signing  without  the  con- 
sent of  the  signers;  or 

(c)  Want  of  a  sufficient  number  of  genuine  signatures  of 
persons  qualified,  with  respect  to  age,  sex,  residence,  and  citizen- 
ship, to  be  electors. 

The  invalidity  of  any  sheet  of  a  petition  shall  not  affect  the  invalidity  of 
validity  of  such  petition  if  a  sufficient  petition  remains  af ter  "^ iheet- 
eliminating  such  invalid  sheet. 

Application  to  set  aside  any  nomination  petition  shall  be  by  Application 
petition  to  the  court  of  common  pleas  of  the  county  in  which  such  Mid'e6?/"8 
nomination  petition  has  been  filed,  setting  forth  specifically  thepetltion- 
matters  objected  to.  and  must  be  filed  with  five  days  after  the  last 
day  for  filing  said  nomination  petition.     Upon-  the  presentation  procedure. 
of  such  a  petition  the  court  shall  make  an  order  fixing  a  time  for 
hearing,  which  shall  not  be  later  than  ten  days  after  the  last  day 
for  filing  said  nomination  petition,  and  specifying  the  time  and 
manner  of  notice  that  shall  be  given  to  the  candidate  named  in 
the  nomination  petition  sought  to  be  set  aside. 

If  the  matters  objected  to  are  such  as  are  specified  in  sub- Amendment 
division  (a)  of  this  section,  the  court  upon  hearing  the  case  may, of  petl 
in  its  discretion,  permit  amendments  within  such  time  and  upon 
such  terms  as  to  payment  of  costs  as  the  said  court  may  specify. 

In  case  the  petition  to  set  aside  a  nomination  petition  is  dis-  costs. 
missed,  the  petitioner  shall  pay  the  whole  of  the  costs  of  the 
proceeding,  including  all  witness  fees. 

§499.   Sec.  9.   The  Secretary  of  the  Commonwealth,  immediately  g£jtof 
after  the  last  day  fixed  for  the  filing  of  said  petitions  with  him,  ofthji' 
shall  forward  to  the  county  commissioners  of  each  county  a  correct  ° 
list  of  candidates  of  each  party  for  the  various  offices,  as  shown 
in  such  petitions,  with  their  respective  residences  and  postoffice 
addresses  as  shown  in  their  affidavits;  and  shall  also,  at  the  same 
time,  notify  the  said  candidates  by  mail  that  their  names    have 
been  so  certified  to  said  county  commissioners.     In  the  case  of 
each  candidate  for  delegate  or  alternate  delegate  to  a  National 
party   convention,    the   Secretary   of   the   Commonwealth   shall 
certify  as  to  whether  such  candidate  has  included  with  his  affidavit 
the  statement  provided  for  in  subdivision  (c)  of  section  six  of  this 
act. 

The  county  commissioners  shall  have  on  file  in  their  office,  on  g"^0' 
and  after  the  Wednesday  preceding  the  primary,  open  to  public  commissioner., 
inspection,  forms  of  the  ballot  with  the  names  and  such  state- 
ments and  notations  as  may  be  required  by  the   provisions   of 
this  act  printed  thereon,  which  shall  be  used  in   each   election 
district  within  such  county. 

105 


Sec.  500  STATUTES  -  PRIMARIES. 

official  ballot*.  §500.  Sec.  10.  The  county  commissioners  shall  prepare,  and  fur- 
nish to  the  election  officers  in  each  election  district  in  due  time 
for  use  at  the  primaries,  one  book  of  fifty  official  ballots  of  each 
party  for  every  forty  and  fraction  of  forty  votes  cast  within  the  par- 
ticular election  district  for  the  candidate  of  the  particular  party  who 
received  the  largest  vote  cast  for  any  candidate  of  such  party  at 
any  of  the  last  three  preceding  elections,  either  general  or  muni- 
cipal; and  no  additional  official  ballots  shall  be  furnished  any  party 
in  any  election  district,  unless  the  number  of  electors  registered  and 
enrolled  as  members  of  any  particular  party  in  any  election  district 
shall  exceed  the  largest  vote  aforesaid,  in  which  case  the  county 
commissioners  shall  furnish  official  ballots  for  said  party  in  the 
ratio  aforesaid,  upon  the  basis  of  such  enrollment  or  registration. 
With  the  official  ballots  to  be  furnished  in  advance  of  the  primaries, 
the  county  commissioners  shall  also  furnish,  and  deliver  to  the 
election  officers,  specimen  ballots  for  the  use  of  electors  at  the 
polls,  equal  in  number  to  one-fifth  the  whole  number  of  such 

ba5ot™en  official  ballots;  said  specimen  ballots  to  be  printed  on  colored 
paper,  and  to  be  of  the  same  size  and  form  as  the  official  ballots, 
but  without  any  permanent  binding  or  stubs;  and  in  addition  thereto, 
on  the  Wednesday  preceding  every  primary,  the  county  commis- 
sioners shall,  upon  request  made  at  their  office,  there  deliver  to  each 
candidate  whose  name  is  printed  on  any  party  ballot  or  to  his  author- 
ized representative,  without  charge,  three  specimen  ballots  of  such 
party  for  each  election  district  in  the  county  or  city  or  political 
district  thereof  in  which  such  candidate  may  be  voted  for,  for  the 
use  of  such  candidate  and  the  watchers  whom  he  may  appoint  as 
hereinafter  provided. 

On  the  back  of  each  specimen  ballot  for  the  primary  next  pre- 
ceding the  election  of  a  President  of  the  United  States,  the 
county  commissioners  shall  print  subdivision  (c)  of  section  six 
of  this  act. 


The  official  ballots  shall  be  attached  to  stubs,  which  shall  be 
to  stubs  and     numbered  consecutively  from  one  to  the  highest  number  to  be  fur- 
"  '•  wished  to  each  particular  election  district,  and  bound  in  books  of 
fifty  each,  which  shall  be  numbered  in  the  order  of  the  numbers  of 
their  stubs  in  the  same  manner  as  at  elections  ;  and  the  county  com- 
booS  and        missioners  shall  keep  a  record  of  the  number  of  such  books  and 
delivered          ballots  printed  and  delivered  to  each  election  district,  and  of  the 
number  of  stubs,  unused  ballots,  and  spoiled  and  canceled  ballots 
subsequently  returned  therefrom. 

In  addition  to  official  and  specimen  ballots  as  aforesaid,   the 

county  commissioners  shall  prepare,  and  furnish  to  the  election 

Ballot  boxes      officers  in  due  time  for  use  at  the  primaries,  sufficient  ballot-boxes 

•upphes.     an£  other  election  materials,  properly  numbered  for  each  election 

district,  including  the  assessor's  lists  or  registers,  known    as    the 

"ballot  check  list"  and  the   "voting  check  list"  respectively,   blank 

forms,  including  forms  for  the  duplicate  oaths  of  the  election  officers, 

and  forms  of  affidavits  for  electors  desiring  assistance  in  marking 

106 


STATUTES PRIMARIES.  SeCS.  500-501 

their  ballots,  and  for  those  challenged  as  to  their  identity,  party 
membership,  residence,  or  bribery,  to  make  proof  of  their  right 
to  vote,  blank  tally  papers,  and  triplicate  return  sheets  for  each  party, 
blank  statements  for  general  returns  of  all  votes  cast,  blank  books 
for  making  lists  of  persons  voting,  with  sufficient  space  for  noting 
their  party  enrollments,  printed  instructions  and  notice  of  penalties 
for  the  information  of  electors  and  election  officers,  and  such  other 
supplies  as  they  are  or  hereafter  may  be  required  by  law  to  fur- 
nish to  said  election  officers  for  use  at  elections,  and  shall  deliver 
them  in  the  same  manner  as  at  elections.  The  said  forms,  blanks, 
books,  and  other  supplies  shall  have  printed  upon  them  appropriate 
instructions,  and  shall  be  in  appropriate  form  for  use  at  the  pri- 
maries. The  county  commissioners  shall  also  provide  for 
opening  of  the  polling-places  and  for  the  compensation  of  the 
owners  thereof,  and  shall  see  that  they  are  in  proper  order  and 
provided  with  voting  booths,  as  at  elections. 

The  county  commissioners  shall  provide  each  election  district 
cards  of  instructions  as  aforesaid,  equal  in  number  to  one-fifth  of 
the  whole  number  of  official  ballots  furnished  thereto,  on  which  shall 
be  printed  the  last  paragraph  of  section  eleven  of  this  act  and  all  of 
section  thirteen  hereof  and  such  part  of  section  fourteen  as  relates 
to  the  duties  of  the  election  officers  after  the  closing  of  the  polls  and 
such  other  directions  regarding  the  marking  and  counting  of  ballots 
or  the  general  election  laws,  not  inconsistent  herewith,  as  the  county  Po8tlng  ^ 
commissioners  may  think  proper.     The  election  officers  shall  post  instruction 
at  least  three  cards  of  instructions  in  the  voting  room,  outside  of  the  cards' 
guard-rail,  as  soon  as  the  polls  are  open,  and  thereafter  give  such 
cards  to  such  persons  desiring  to  vote  as  shall  request  the  same, 
(As  amended  1919,  P.  L.  839,  §2.) 

§501.   Sec.  11.   The  primaries  shall  be  conducted  by  the  regular  Regular  election 
election  boards  duly  elected  under  existing  or  future  laws,  who^SS*0 
shall  receive  the  same  compensation  for  their  services  as  they  pfimarie-- 
receive  at  elections.     Inspectors  of  elections  shall  have  the  right 
to  appoint  clerks  to  assist  them  as  at  elections,  who  shall  receive 
the  same  compensation  that  clerks  receive  for  such  services  at 
elections.    Vacancies  in  election  boards  shall  be  filled  in  the 
manner  now  provided  by  law.    Before  entering  upon  their  duties 
the  election  officers  and  clerks  shall  be  sworn,  and  execute  written 
oaths,  as  is  now  required  by  law. 

The  polls  shall  be  open  between  the  hours  of  seven  o'clock  when  poiii 
ante  meridian  and  seven  o'clock  post  meridian.    (Eastern  Standard  - 
Time,  1919,  P.  L.  282,  §1—68  P.  L.  J.  310.)    All  persons  licensed 
to  sell  liquors,  either  at  wholesale  or  retail,  or  as  bottlers,  shall  be 
compelled  to  keep  their  places  of  business  closed,  on  said  days  for 
holding  said  primary,  only  between  the  hours  of  six  o'clock  ante 
meridian  and  eight  o'clock  post  meridian.    (This  does  not  seem  to 
be  repealed  by  the  Liquor  Act  of  1921,  P.  L.       ,  Act  No.  192,  §9.) 

Primaries  shall  be  conducted  in  conformity  with  the  laws  govern- 
ing  the  conduct  of  general  elections,  in  so  far  as  the  same  are  not 
modified  by  the  provisions  of  this  act  or  are  not  inconsistent  with  election.. 

107 


Sees.  501-503 


STATUTES PRIMARIES. 


Exception. 


its  tern?s:  Provided,  That  no  elector  shall  be  permitted  to  receive 
any  assistance  in  marking  his  ballot,  unless  he  shall  first  make  an 
affidavit  that  he  cannot  read  the  names  on  the  ballot,  or  that  by 
reason  of  physical  disability  he  is  unable,  to  mark  his  ballot. 


Expense  of 
primaries. 


Detachment 
of  ballots 
from  stubs. 


Number  of 
ballots  to  be 
sriven  voter. 


Misdemeanor. 
Penalty. 


Qualifications 
of  roters. 


Proviso. 

Enrollment  as 
a  member  of 
a  political 
party. 


Proof  of 
qualifications 
and  identity. 


Cities. 


Districts  other 
than  cities. 


§502.  Sec.  12.  This  section  has  been  practically  repealed  by 
the  Act  of  1915,  P.  L.  638,  §2  and  the  following  is  substituted 
therefor. 

"Each  county  shall  be  required  to  bear  and  pay  the  expenses  of 
holding  the  primary  election  in  said  county."  (1915,  P.  L.  638,  §1.) 

§503.  Sec.  13.  No  official  ballot  shall  be  taken  or  detached  from 
its  stub  in  any  book  of  ballots,  except  by  an  election  officer  when  a 
person  desiring  to  vote  has  been  found  to  be  a  qualified  elector  entitled 
to  vote  as  hereinafter  stated,  and  not  more  than  one  ballot  shall  be 
removed  at  any  one  time  or  given  to  any  voter,  except  when  a  voter 
inadvertently  spoils  a  ballot  and  immediately  returns  it  to  the  elec- 
tion officers  for  cancellation,  in  which  case  he  may  be  given  another. 
Any  person  removing  any  ballot  from  any  book  of  official  ballots, 
except  in  the  manner  aforesaid,  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  sentenced  to  pay  a  fine  not  exceeding 
one  thousand  dollars,  or  to  undergo  an  imprisonment  for  not  more 
than  one  year,  or  both,  at  the  discretion  of  the  court,  for  each  offense. 

Qualifications  of  electors  entitled  to  vote  at  a  primary  shall 
be  the  same  as  the  qualifications  of  the  electors  entitled  to  vote 
at  elections  within  the  election  district  where  the  primary  is  held, 
except  that,  with  respect  to  the  payment  of  taxes,  it  shall  be 
sufficient  if  an  elector  shall  have  paid,  within  two  years  before 
the  next  succeeding  election,  a  State  or  county  tax  which  shall 
have  been  assessed  at  least  two  months  before  the  said  election 
and  paid  on  or  before  the  day  of  the  primary,  and,  in  cases  where 
personal  registration  is  required,  on  or  before  the  registration 
day  on  which  the  elector  registers:  Provided,  That  no  elector 
who  is  not  registered  and  enrolled  as  a  member  of  a  designated  politi- 
cal party  in  accordance  with  the  law  requiring  such  registration 
and  enrollment  now  or  hereafter  in  force,  shall  be  permitted  to  vote 
the  ballot  of  such  party  or  any  other  party  ballot  at  any  primary. 
Each  elector  may  be  challenged,  and,  if  challenged,  shall  prove  the 
aforesaid  qualifications  and  his  identity  in  the  same  manner  in 
which  electors  in  the  election  district  in  which  he  offers  to  vote 
are  or  hereafter  may  be  required  by  law  to  prove  their  qualifica- 
tions or  identity  on  election  day,  except  that  in  cases,  as  in  cities, 
of  the  first,  second,  and  third  classes,  where  personal  registration  is 
required,  all  challenges  respecting  party  membership  must  be  made 
at  the  time  of  such  registration,  and  in  such  cases  the  designation  of 
the  political  party  of  the  elector  on  the  register  shall  be  conclusive 
evidence  of  such  membership  at  the  succeeding  primary  or  primaries. 
In  other  cases  where  personal  registration  is  not  required,  as  in  dis- 
tricts other  than  in  said  cities,  if  an  elector,  although  enrolled  as  a 

108 


STATUTES — PRIMARIES  Sees.  503-504 

member  of  any  particular  party,  is  challenged  regarding  such  mem- 
bership, he  shall  be  required  to  make  oath  or  affirmation  that, 
at  the  last  preceding  election  at  which  he  voted,  he  voted  for  a 
majority  of  the  candidates  of  said  party,  and,  upon  executing 
such  affidavit,  he  shall  be  entitled  to  receive  and  vote  the  ballot 
of  such  party,  but  if  he  is  unable  or  unwilling  to  make  such  affidavit, 
he  shall  be  denied  the  right  to  receive  such  ballot,  but  he  shall 
not  be  deemed  to  be  guilty  of  any  violation  or  attempted  violation 
of  any  law  by  reason  of  having  asked  for  a  ballot  of  the  party  with 
which  he  is  enrolled. 

If  such  last  preceding  election  at  which  such  elector  voted  was  Presidential 
a  general  election  at  which  Presidential  electors  were  voted  for,  co^tS  « t 
he  shall,  in  determining  the  number  of  candidates  for  which  he  candidate*, 
voted  thereat,  count  the  group  of  Presidential  electors  as  two 
candidates.     (As  amended  1919,  P.  L.  839,  §3.) 

§504.     Sec.  14.     Upon  the  closing  of  the  polls  at  such  primary,  Accounting 
and  before  the  ballot-boxes  are  opened,  the  number  of  ballots  {JJ  tSJ 
issued  to  the  voters  of  each  party,  as  shown  by  the  stubs,  and 
the  number  of  ballots  of  each  party,  if  any,  spoiled  and  returned 
by  voters  and  canceled,  shall  be  announced  to  all  present  in  the  h 
voting  room,  and  entered  on  the  general  return  sheets  aforesaid  J 
and  then  the  names  checked  as  having  voted  in  the  two  assessor's 
lists  or  registers,  marked  "ballot  check  list"  and  "voting  check  counting  and 
list,"  respectively,  shall  be  immediately  counted,  and  the  result  ^^£,ement 
announced  and  compared  with  the  number  of  ballots  issued  asmaSSTon 
above  ascertained,  after  deducting  the  number  spoiled  and  can-^%!*1" 
celed,  and  said  results  shall  also  be  compared  with  the  number  of  Comparl80n 
names  written  in  the  numbered  lists  of  voters,  which  shall  be  of  lists 
made,  as  at  elections,  as  the  electors  receive  and  cast  their  ballots, M 
with  the  addition  of  a  note  of  each  elector's  party  enrollment  N       of 
after  his  name.     If  any  differences  exist  which  are  not  found  to  differences  on 
be  due  merely  to  clerical   errors,   such   differences  shall  also  bere1 
noted  on  the  general  return  sheets  aforesaid.     Then  the  numbered  Lists  of  yotarf 
lists  of  voters  (except  a  copy  of  the  latter  which  shall  be  hung  to  be  put  in 
outside  of  the  polling-place)  shall  be  placed  in  the  separate  envel- "       e 
opes  provided  for  them  respectively,  and  sealed.     In  cities  the 
voting  and  ballot  check  lists  shall  be  put  in  one  envelope  and 
sealed,  and  subsequently  delivered  to  the<  registration  commis- 
sioners  or  county  commissioners  as  required  by  the  personal 
registration  acts  relating  to  cities  of  various  classes. 

Also  the  stubs  of  all  ballots  used,  together  with  all  unused  SJgj 
ballots  and  all  spoiled  and  canceled  ballots  of  each  party,  and  ^j}  £3}oti 
the  ballot  check  list  in  boroughs,  townships,  and  districts  other 
than  in  cities,  shall  be  placed  in  a  separate  envelope,  and  sealed 
before  the  ballot  boxes  are  opened;  which  package  shall  be  kept 
by  the  judge,  and  delivered  by  him  in  person  to  the  county  com- 
missioners, at  such  place  as  they  shall  designate,  on  or  before 
noon  of  the  Thursday  following  such  primary. 

109 


Sec.  504 


STATUTES PRIMARIES. 


Opening  of 
ballot-boxes. 

Separation  of 
ballots. 

Counting  and 
recording  of 

TOtW. 


Triplicate  Tally 
Papers. 


Handling  of 
ballots  which 
have  been 
removed  from 
ballot-boxes. 


Certification  of 
number  of 
votes  cast. 


Preparation 
of  returns. 


Posting  of 
return. 


Delivery  of 
return. 


Replacing  of 
ballots  in  boxes 


Delivery  of 

ballot-boxes . 


As  soon  as  all  the  ballots  of  each  party  have  been  properly 
accounted  for,  and  those  outside  the  ballot-boxes,  as  well  as  the 
said  lists,  sealed  as  aforesaid,  the  election  officers  shall  forthwith 
open  the  ballot-boxes,  and  take  therefrom  all  ballots  therein, 
and  separate  the  same  according  to  the  party  to  which  they  belong, 
and,  first,  audibly  count  the  number  cast  for  each  party,  one  by 
one,  and  make  a  record  thereof;  and,  then,  the  judge  or  one  of 
the  inspectors,  in  the  presence  of  the  other  officers,  shall  read 
aloud  the  names  marked  or  inserted  upon  each  ballot,  keeping  the 
ballots  of  each  party  in  sequence,  together  with  the  office  for  which 
the  person  named  is  a  candidate,  and  any  other  relevant  matter 
necessary  to  identify  him,  and  the  clerks  shall  carefully  enter 
each  vote  as  read,  and  keep  account  of  the  same  in  triplicate 
tally  papers  for  each  party,  to  be  provided  as  aforesaid.  All 
ballots  after  being  removed  from  the  box  shall  be  kept  within 
the  unobstructed  view  of  all  persons  in  the  voting  room  until 
replaced  in  said  box;  and  no  person,  while  handling  same,  shall 
have  in  his  hand  any  pencil,  pen,  stamp,  or  other  means  of  mark- 
ing or  spoiling  any  ballot.  When  the  vote  cast  for  the  different 
persons  named  upon  said  party  ballots  shall  have  been  fully 
recorded  on  said  tally  papers  and  counted,  the  election  officers 
shall  duly  certify  to  the  number  of  votes  cast  for  each  person 
upon  the  respective  party  tickets,  and  shall  prepare  triplicate 
returns  thereof  or  each  party,  and  also  general  returns  in  dupli- 
cate, showing,  besides  the  entries  made  thereon  as  aforesaid,  the' 
number  of  ballots  of  each  party  cast  and  the  number  of  ballots 
of  each  party  Declared  altogether  void,  including  any  blank  ballots 
cast,  as  well  as  the  votes  cast  for  each  candidate  on  each  party 
ticket;  one  of  which  statements  shall  be  immediately  posted 
for  the  information  of  the  public  outside  the  voting  room  or 
polling-place,  and  the  other  of  which  shall  be  entrusted  to  the 
judge  for  delivery  to  the  county  commissioners  with  the  package 
of  unused  ballots,  et  cetera  aforesaid.  The  election  officers  shall 
then  replace  the  ballots  cast,  so  counted  and  canvassed,  in  the 
boxes,  including  those  declared  void,  together  with  one  set  of 
tally  papers,  one  set  of  said  triplicate  return  sheets,  one  numbered 
list  of  voters  sealed  as  aforesaid  (and  the  voting  check  list  in 
districts  other  than  in  cities),  and  one  oath  of  each  election 
officer,  and  lock  and  seal  each  ballot-box  so  that  nothing  can  be 
inserted  therein  until  it  be  opened  again;  and  the  judge  and 
minority  inspector  shall  deliver  them  to  the  place  which  has  been 
designated  by  the  court  of  common  pleas  of  by  law  for  the  delivery 
of  ballot  boxes  at  general  and  municipal  elections,  on  or  before  noon 
of  the  Thursday  following  such  primary,  and  the  county  com- 
missioners or  return  board  shall  not  compute  any  returns  from 
any  election  district  until  the  ballot-boxes  thereof,  as  well  as  tlie 
package  of  unused  ballots,  et  cetera,  aforesaid  therefrom,  are 
delivered  as  aforesaid. 


110 


STATUTES  -  PRIMARIES.  Sec.  504 

Dispositions 


The  mmonty  inspector  shall  retain  one  complete  set  of 
papers,  and  one  of  the  triplicate  return  sheets  for  each  party, 
and  one  set  of  the  affidavits  of  voters  and  other  persons,  except  *ffidavlt*' 
oaths  of  election  officers,  made  pursuant  to  the  provisions  of  this 
act  at  such  primary,  and  carefully  preserve  the  same  for  the 
period  of  at  least  one  year.     The  remaining  tally  papers,  tripli- 
cate return  sheets,  and  affidavits  of  voters  and  others,  including 
oaths  of  election  officers,  shall  be  placed  in  separate  envelopes, 
to  be  provided  for  the  same,  and  sealed  as  soon  as  the  count  is 
finally  completed.     All  of  such  envelopes  and  the  other  numbered 
list  of  voters,  previously  sealed  as  aforesaid,  shall  be  entrusted 
to  the  judge  of  election,  and  shall,  on  or  before  noon  of  the  Thurs- 
day following,  be  deposited  by  him,  in  person  or  by  registered  computation 
mail,  with  the  county  commissioners,  who  shall,  on  the  succeeding  J°rCS°J9a^.Jaf 
day  at  noon,  publicly  commence  the  computation  and  canvassing  county  com- 
of  the  returns,  and  continue  the  same  from  day  to  day  until  com-  n 
pleted  in  the  manner  hereinafter  provided,  except  that,  if  any  of  Commisiloner 
the  county  commissioners  of  any  county  shall  be  a  candidate  for  »  candidate. 
any  nomination  at  any  primary,  he  shall  not  act  as  a  member 
of  the  return  board  for  computing  or  canvassing  any  returns  of 
such  primary,  but  th  ?  other  two  commissioners,  if  both  are  quali- 
fied, shall  act,  and  in  :ase  in  any  county  there  are  not  at  least 
two  commissioners  so  qualified,  two  judges  of  the  court  of  com-  Computation 
mon  pleas  of  such  county  shall  be  designated  by  said  court  to  by  juPd^«.l°n 
act  as  a  return  board,  provided  that  neither  of  them  are  candi- 
dates for  any  nomination  at  such  primary  [either  on  a  party  or  a 
non-partisan  ballot;.   Repealed  by  implication  1921,  P.  L.       ,  Act 
No.  198,  §1.]  and  if  there  shall  be  only  one  judge  of  such  court  in 
such  county  or  if  less  than  two  judges  are  qualified  and  able  to  compuutioa 
act  in  such  county,  any  judge  who  is  qualified  may  act  alone,  by  prothoao- 
and  if  there  be  none  qualified,  the  prothonotary  of  such  county  * 
shall  act  as  the  return  board. 

The  general  returns  from  the  various  districts  shall  be  open  to  £"£?  Jj>£tur 
public  inspection  at  the  office  of  the  county  commissioners  astoPubh< 
soon  as  they  receive  same  from  the  judges  thereof. 


The  county  commissioners  shall  provide  a  convenient  public 
place  for  holding  the  sessions  of  the  return  board,  whoever  may  return 
compose  it  as  aforesaid,  with  adequate  accommodations  for  the 
authorized  representatives  of  each  party  and  candidate  concerned 
in  any  such  primary,  not  exceeding  two  such  representatives  for  •enjtdi 
each  of  them  at  any  one  time,  to  attend  and  to  keep  or  check  up0* 
their  own  computations  of  the  votes  cast  in  the  several  election 
districts  as  the  returns  from  the  same  are  read  as  hereinafter 
directed;  and  the  county  commissioners  shall  give  at  least  one 
week's  previous  notice  by  advertising  once  in  at  least  two  news- 
papers  of  a  large  paid  circulation,  published  at  the  county-seat, 
of  the  time  aforesaid  and  place  when  and  where  such  return 
board  will  commence  and  hold  its  sessions,  and  keep  copies  of 
such  advertisement  posted  in  their  office  during  said  period. 

Ill 


Sec.  504 


STATUTES PRIMARIES. 


Blank  forms 
of  returns. 


Employes  of 
return  board 
to  be  sworn. 


Reading  and 
comparison  of 
returns  and 

commissioners' 


At  noon  on  the  Friday  following  any  such  primary  the  county 
commissioners  shall  have  ready  a  sufficient  number  of  blank 
forms  of  returns,  made  out  in  a  proper  manner  and  headed  as  the 
nature  of  the  ballots  may  require,  for  making  out  full  and  fair 
statements  of  all  votes  which  shall  have  been  given,  within  the 
county  or  any  political  district  therein,  according  to  the  returns 
from  the  several  election  districts  thereof,  for  any  person  voted 
for  therein  for  any  party  nomination  or  party  office. 

All  the  clerks  of  the  county  commissioners  and  other  persons 
assisting  in  the  official  computation  and  canvassing  of  the  votes 
shall  be  first  sworn  to  perform  their  duties  impartially,  and  not 
to  read,  write,  count,  or  certify  any  return  or  vote  falsely  or 
fraudulently. 

The  general  returns  made  by  the  election  officers,  as  aforesaid, 
from  the  various  election  districts  shall  be  read  one  after  another 
in  the  usual  order,  slowly  and  audibly,  by  one  of  the  clerks,  who 
shall  in  each  case  read  therefrom  the  number  of  ballots  of  each 
party  -issued,  spoiled,  and  canceled,  and  cast  respectively,  where- 
upon the  clerk  having  charge  of  the  records  of  the  county  com- 
missioners showing  the  number  of  ballots  of  each  party  furnished 
for  each  election  district  and  the  number  of  stubs  and  unused 
ballots  and  spoiled  and  canceled  ballots  returned,  shall  publicly 
announce  the  number  of  same  respectively;  and  unless  it  appears 
by  said  numbers  or  calculations  therefrom  that  said  records  and 
the  said  general  return  correspond,  no  further  returns  shall  be 
read  from  the  latter  until  all  the  ballots  issued  are  fully  accounted 
for;  and  all  the  stubs  and  unused  ballots,  spoiled  and  canceled 
ballots,  as  well  as  the  other  election  returns  aforesaid,  shall  be 
open  to  public  inspection,  and  shall  be  carefully  preserved,  to- 
gether with  the  contents  of  the  ballot-box,  by  the  county  com- 
missioners for  at  least  eleven  months,  and  not  destroyed  in  any 
event  without  the  previous  consent  in  writing  by  the  district 
attorney.  None  of  the  envelopes  sealed  by  election  officers  and 
entrusted  to  the  judges  of  election  shall  be  opened  by  any  person, 
except  by  order  of  the  return  board  or  of  the  court  of  common 
pleas. 

When  the  records  agree  with  the  said  returns  regarding  the 
ballots,  the  votes  recorded  for  each  candidate  on  each  party 
ticket  shall  be  read  by  the  said  clerk  slowly,  audibly,  and  in  an 
orderly  manner,  from  the  said  returns,  and  the  figures  announced 
votes  recorded,  shall  be  compared  by  other  clerks  with  the  return  sheets  of  each 
party  for  the  respective  districts,  and  discrepancies  shall  be 
immediately  called  to  the  attention  of  the  return  board,  which 
shall  thereupon  compare  said  return  sheets  with  the  tally  papers 
for  the  same  election  district  respecting  the  same  candidates  or 
party  ballots;  and  if  the  tally  papers  and  party  return  sheets 
agree,  the  general  return  shall  be  forthwith  corrected  to  conform 
thereto;  but,  in  every  other  case,  the  return  board  shall  forth- 
with cause  the  ballot-box  of  such  division  to  be  brought  before  it, 

112 


Failure  of 
returns  and 
records  to  cor- 
respond. 


Preservation 
of  stubs  and 
unused  and 
spoiled  ballots. 


Opening  of 
sealed  envel- 
opes. 


records. 


STATUTES— PRIMARIES  SeCS.  504-505 

and  opened  under  its  direction,  and  the  ballots  therein  recounted  Opening  of 
respecting  any  vote  in  question,  in  the  presence  of  representatives 
canvass  party  and  candidate  interested  who  are  attending  the 
of  each  of  such  votes;  and  if  such  recount  shall  not  be  sufficient 
to  correct  the  error  in  any  of  the  said  returns,  the  return  board  Recount  of 
may  summon  the  election  officers  and  overseers,  if  any,  to  appear ballots- 
forthwith,  with  all  election  papers  in  their  possession,  and  the 
court  of  common  pleas  shall  use  its  processes  to  enforce  such 
summons,  if  necessary;  and,  if  any  error  or  fraud  is  discovered, 
the  return  board  shall  compute  and  certify  the  votes  justly] 
regardless  of  any  fraudulent  or  erroneous  returns  presented  to  it!  Ducovery  of 
and  report  the  facts  to  the  district  attorney  of  the  proper  county fraud  « «*"» 
for  action  in  cases  that  appear  to  warrant  same. 

As  the  returns  from  each  election  district  are  read,  computed, 
and  found  to  be  correct  or  corrected  as  aforesaid,  they  shall  be 
recorded  on  the  blanks  prepared  for  the  purpose  of  casting  up  the  Recordl 
total  vote  of  each  candidate  on  each  party  ticket,  until  all  the  return*."1 
returns  from  the  various  election  districts  which  are  entitled  to 
be  counted  shall  have  been  duly  recorded,  when  they  shall  be 
added  together,  announced,  and  attested  by  the  clerks  who  made 
and  computed  the  entries  respectively,  and  at  the  expiration  of 
five  days  after  the  completion  of  said  computation,  the  return 
board  shall  certify  the  several  returns  accordingly  to  the  county Attestatloa 
commissioners,  unless,  upon  appeals  taken  from  any  decision,  the  Certification 
court  of  common  pleas  shall  have  directed  any  returns  to  teSSSSnST" 
revised,  in  which  case  such  returns  shall  be  revised  and  certified 
accordingly.    (As  amended  1921,  P.  L.       ,  Act  No.  282,  §1.) 

§505.  Sec.  15.  Any  election  officer  or  clerk  of  election  or  clerk  Cr{mfi™6 
of  the  county  commissioners  or  other  person  who  knowingly1* 
inserts  or  knowingly  permits  to  be  inserted  any  fictitious  name, 
false  figure,  or  other  fraudulent  entry  on  or  in  any  assessor's  list, 
register,  list  of  voters,  affidavit,  tally  paper,  return  sheet,  state- 
ment certificate,  or  oath,  voucher,  ballot,  or  other  record  or 
document,  authorized  or  required  to  be  made,  used,  signed, 
returned,  or  preserved  for  any  public  purpose  in  connection  with 
any  primary,  or  who  materially  alters  or  intentionally  destroys 
any  entry  which  has  been  lawfully  made  therein,  except  by 
public  order  of  the  county  commissioners,  prothonotary,  or  of  the 
court  of  common  pleas,  or  who  takes  or  removes  any  such  book, 
affidavit,  return,  ballot,  or  other  document  or  record  from  the 
custody  of  any  person  having  lawful  charge  thereof  in  order  to 
prevent  the  same  from  being  used  or  inspected  or  copied  as 
required  or  permitted  by  law,  or  who  neglects  or  refuses  to  deliver 
the  same  into  the  custody  of  the  officials  who  are  or  hereafter 
may  be  required  by  law  to  use  or  keep  the  same,  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  sen- 
tenced to  pay  a  fine  not  exceeding  one  thousand  dollars,  or  to 
undergo  an  imprisonment  for  a  period  not  exceeding  three  years, 
or  both,  in  the  discretion  of  the  court. 

113 


Sec.  505 


STATUTES — PRIMARIES. 


Opening  of 
ballot-boxes 
and  recounting 
votes  at 
request  of 
electors. 


eata  from 


Upon  petition  and  the  sworn  affidavit  of  three  qualified  elec- 
tors of  any  election  precinct,  division,  or  district  of  any  county 
that,  upon  information  which  they  consider  reliable,  they  believe 
an  act  of  fraud  or  error,  although  not  manifest  upon  the  general 
return  of  votes  made  therefrom,  has  been  committed  therein, 
the  court  of  common  pleas  may,  at  any  time  prior  to  the  comple- 
tion of  the  computation  and  canvassing  of  all  the  returns  for  the 
county,  open  the  ballot-box  of  such  election  district,  and  cause  the 
entire  vote  thereof  to  be  recounted  in  manner  aforesaid,  and  if 
the  court  discovers  any  fraud  or  material  error,  it  shall  correct, 
compute,  and  certify  the  votes  of  such  election  district  justly,  re- 
gardless of  any  fraudulent  or  erroneous  returns  made  by  the 
election  officers  thereof,  and  correct  any  entries  previously  made 
in  the  papers  being  prepared  by  the  return  board  accordingly. 

Any  person  aggrieved  by  any  order  or  decision  of  any  return 
board,  not  consisting  of  a  judge  or  judges  of  the  court  of  com- 
mon pleas,  regarding  the  computation  or  canvassing  of  the 
returns,  or  by  any  refusal  to  open  the  ballot-box  of  any  election 
district  upon  a  proper  petition  as  aforesaid,  may  appeal  there- 
from, within  two  days  thereafter,  to  the  court  of  common  pleas 
of  the  proper  county,  setting  forth  why  he  feels  that  an  injustice 
has  been  done,  and  praying  for  such  order  as  will  give  him  relief, 
and,  upon  the  payment  to  the  prothonotary  of  a  fee  of  three  dollars 
for  filing  such  appeal,  a  judge  of  the  said  court  shall  fix  a  time  and 
place  for  hearing  the  matter  in  dispute  within  three  days  there- 
after, of  which  due  notice  shall  be  served,  with  a  copy  of  said 
appeal,  by  the  appellant  upon  one  of  the  return  board  whose 
action  is  complained  of,  and  upon  every  attorney  who  opposed 
the  contention  of  the  appellant  before  such  return  board,  and 
upon  any  other  person  that  said  judge  shall  direct,  at  least  two 
days  before  said  matter  shall  be  reviewed  by  the  court,  and  proof 
of  such  notice  or  the  waiver  thereof,  must  be  filed  therein  before 
any  appeal  is  sustained.  The  court  on  such  appeal  and  upon  the 
opening  of  any  ballot  box  shall  have  full  power  and  authority  to 
hear  and  determine  all  matters  pertaining  to  any  fraud  or  error  com- 
mitted in  any  election  district  to  which  such  appeal  or  petition  to 
open  the  box  relates,  and  to  make  such  decree  as  right  and  justice 
may  require,  and,  pending  such  appeal  or  the  opening  of  any  ballot 
box,  the  return  board  shall  suspend  any  official  certification  of  the 
votes  cast  in  such  election  district,  but  none  of  the  orders  or  decisions 
of  either  the  return  board  or  any  judge  or  judges  acting  as  a  return 
board  or  the  court  of  common  pleas  on  any  appeal  or  the  opening 
of  any  ballot  box  shall  be  deemed  a  final  adjudication  regarding  the 
results  of  any  primary  election  so  as  to  preclude  any  contest  thereof. 
Contests  of  primaries  shall  originate  and  be  conducted  as  in  cases 
of  elections.  No  appeal  shall  be  allowed  from  any  decision  of  any 
judge  or  judges  acting  as  a  return  board  or  from  any  order  or  decree 
of  the  court  of  common  pleas  made  in  pursuance  of  this  section;  and 
the  said  court  may  compel  the  appellant  or  any  opposing  party,  other 


114 


STATUTES—  PRIMARIES  SeCS.  505-507 

than  the  commissioners  or  prothonotary,  to  pay  all  the  witness  fees, 
if  any,  and  other  legal  costs  of  rehearing  any  matter  in  dispute  which 
costs  may  be  taxed  by  the  prothonotary  in  the  usual  manner 
(As  amended  1921,  P.  L.  ,  Act  No.  420,  §1.) 

§506.   Sec.  16.    The  county  commissioners  shall  make  the  proper  certificate 
certification  of  returns  of  votes  cast  for  the  candidates  of  theofreturn- 
various  political  partbs  for  nomination  for  the  office  of   Presi- 
dent of  the  United  States,  Senator  of  the  United  States,  member 
of  the  House  of  Representatives  of  the  United  States,  for  all 
State  offices,  for  the  office  of  delegate  and  alternate  delegate  to  a 
National  party  convention,  and  member  of  the  National  committee, 
and  members  of  the  State  committee,  to  the  Secretary  of  the  Com-  Tabulation 
monwealth,  who  shall  tabulate  the  same  and  shall  certify  to  the 
county  commissioners  of  the  respective  counties  the  result   of 
the  computation  of  the  vote  for  all  such  offices  as  shall  be  voted 
for  at  the  succeeding  election,  at  least  thirty  days  prior  to  the  date 
of  such  election;  and  shall  also  certify,  within  said  time,  to  said 
county  commissioners,   the  names  of  the  Presidential  electors 
chosen  and  certified  to  him  as  hereinafter  provided. 

The  Secretary  of  the  Commonwealth  shall  forthwith  prepare  a  statement  of 
statement  from  said  returns,  showing  the  total  number  of  votes  Sf(3 
cast  in  the  State,  and  in  each  Congressional  district  of  the  State,  weahh- 
for  each  candidate  of  each  political  party  for  nomination  as 
President  of  the  United  States,  and  shall  make  public  announce- 
ment thereof.     He  shall  also,  forthwith,  send  a  duplicate  of  such 
statement  to  the  county  commissioners  of  each  county. 


The  Secretary  of  the  Commonwealth  shall  also,  forthwith, 
ascertain  from  said  returns  the  persons  in  each  political  party 
who  have  been  duly  elected  as  delegates  and  alternate  delegates 
to  the  National  convention  of  such  party,  and  'the  persons  in  each 
party  who  have  been  duly  elected  members  of  the  National  com- 
mittee or  State  committee  of  the  party;  and  shall  forthwith  issue 
to  each  of  such  persons  a  certificate  of  election,  which  certificate  of 
election,  in  the  the  case  of  delegate  and  alternate  delegate  to  a 
National  party  convention,  shall  show  the  number  of  votes  received 
in  the  State,  or  in  the  political  district  of  the  State,  as  the  case  may 
be,  by  each  candidate  of  such  delegate's  and  alternate  delegate's 
political  party  for  nomination  as  President  of  the  United  States. 
The  Secretary  of  the  Commonwealth  shall  also  certify  to  the  State 
chairman  of  each  respective  party  the  votes  cast  for  each  candi- 
date for  the  office  of  State  committeeman. 

§507.     Sec.  17.   Candidates  of  the  various  political  parties  for 
nomination  as  herein  provided  for,  except  for  the  office  of  the 
President  of  the  United  States,  who  receive  a  plurality  of  votes  *£5^g  . 
of  their  party  electors  in  the  State,  or  in  the  political  district  p}uvrjj»y 
or  division,  as  the  case  may  be,  at  a  primary,  together  with  theJhaVbTthe 
candidates  for  the  office  of  Presidential  elector  nominated  as  here-  c*ndi 
inafter  provided,  shall  be  the  candidates  of  their  respective  parties, 

115 


Sec.  507 


STATUTES PRIMARIES. 


and  it  shall  be  the  duty  of  the  proper  officers  to  print  their  names 
upon  the  official  ballots  for  use  at  the  succeeding  election,  as  is 
now  or  may  hereafter  be  required  by  law. 

The  name  of  the  person,  in  each  political  party,  who  receives  at  a 
primary  a  plurality  of  the  votes  of  such  party  in  the  State  at 
large  for  United  States  Senator,  shall  be  printed  upon  the  official 
ballots  for  use  at  the  succeeding  election  as  the  candidate  of  his 
party  for  said  office  under  the  heading  "United  States  Senator." 

Candidates  of  the  various  political  parties  for  the  office  of 
delegate  and  alternate  delegate  at  large  to  a  National  party 
convention,  who  receive  a  plurality  of  the  votes  of  their  party 
electors  in  the  State  at  large,  shall  be  the  duly  elected  delegates 
and  alternate  delegates  at  large  to  the  National  convention  of 
their  respective  parties.  Candidates  of  the  various  political 
parties  for  the  office  of  delegate  and  alternate  delegate,  other  than 
delegate  and  alternate  delegate  at  large,  who  receive  a  plurality 
of  the  votes  of  their  party  electors  in  the  political  district  or  divi- 
sion in  which  they  are  candidates,  shall  be  the  duly  elected  dele- 
gates and  alternate  delegates  to  the  National  convention  of  their 
respective  parties. 

Candidates  of  the  various  political  parties  for  the  office  of  member 
of  the  State  committee  or  for  the  office  of  member  of  the  National 
committee,  in  cases  where  the  rules  of  the  party  provide  that  such 
office  shall  be  filled  by  a  vote  of  the  party  electors,  who  receive  a 
plurality  of  the  votes  of  the  party  electors  at  a  primary,  shall  be 
the  duly  elected  members  of  the  State  or  National  committee,  as 
the  case  may  be,  of  their  respective  parties. 

Candidates  for  other  party  offices,  who  receive  a  plurality  of 
Tie  votes.        the  votes  of  the  party  electors  at  a  primary,  shall  be  the  party 
officers  of  their  respective  parties. 

In  case  of  a  tie,  the  candidates  receiving  the  tie  vote  shall  cast 
lots  before  the  county  commissioners  or  the  Secretary  of  the 
dJdded  Commonwealth,  as  the  case  may  be,  on  the  third  Friday  after 

the  primary,  and  the  one  to  whom  the  lot  shall  fall  shall  be 
entitled  to  the  nomination  or  election:  Provided,  however, 
That  in  any  case  where  the  fact  of  a  tie  vote  is  not  authoritatively 
determined  until  after  the  third  Wednesday  after  the  primary, 
the  day  for  casting  lots  shall  be  the  second  day  after  the  fact  of 
such  tie  vote  is  authoritatively  determined.  If  any  candidate  or 
candidates  receiving  a  tie  vote  fail  to  appear  before  twelve  o'clock 
noon  on  said  day,  the  county  commissioners  or  the  Secretary  of 
the  Commonwealth,  as  the  case  may  be,  shall  cast  lots  for  him  or 
them.  For  the  purpose  of  casting  lots  any  candidate  may  appear 
in  person,  or  by  proxy  appointed  in  writing. 

when  vacancy      Where  a  nomination  petition  has  been  duly  filed  under  the 
before    provisions  of  this  act,  and  thereafter  and  before  the  day  of  the 
primary  the  candidate  named  in  said  petition  dies,  the  original 

116 


primary. 


STATUTES— PRIMARIES  SeCS.  507-510 

signers  of  said  petition,  or  the  majority  of  them,  may  sign  another 
petition,  proposing  a  new  candidate  for  said  office,  at  any  time 
prior  to  the  printing  of  the  ballot.  Said  petition  filed  shall  have 
the  same  force  and  effect  as  the  original  petition. 

Vacancies  happening  or  existing  after  the  date  of  the  primary  v*cancie« 
may  be  filled  in  accordance  with  the  party  rules,  as  is  now  or  may  primary 
hereafter  be  provided  for  by  law. 

§508.    Sec.  18.    The  nominee  of  each  political  party  for  the  office 
of  President  of  the  United  States  shall,  within  thirty  days  after  candidate,  for 
his  nomination  by  the  National  Convention,  nominate  as  many  Pr-ident'to01 
persons  to  be  the  candidates  of  his  party  for  the  office  of  Presi- SS£i!e 
dential  elector  as  the  State  is  then  entitled  to.     If,  for  any  reason, 
the  nominee  of  any  political  party  for  the  office  of  President  of 
the  United  States  fafls  or  is  unable  to  make  the  said  nominations 
within  the  time  herein  provided,  then  the  nominee  of  such  party 
for  the  office  of  Vice  President  of  the  United  States  shall,  as  soon 
as  may  be  possible  after  the  expiration  of  said  thirty  days,  make 
the  nominations. 

The  names  of  such  nominees,  with  their  post-office  addresses,  certification 
shall  be  certified  immediately  to  the  Secretary  of  the  Common- 
wealth by  the  nominee  for  the  office  of  President  or  Vice-President, 
as  the  case  may  be,  making  the  nominations. 

Vacancies  happening  or  existing  after  the  date  of  nomination  Vacancies 
of  presidential  electors  shall  be  filled  by  the  nominee  for  the  office  Secton?1*1 
of  President  or  Vice-President  making  the  original  nomination. 
Nominations  made  to  fill  vacancies  shall  be  certified  to  the  Secre- 
tary of  the  Commonwealth  in  the  manner  herein  provided  for  in 
the  case  of  original  nominations. 

§509.     Sec.  19.     Any  of  the  candidates  for  nomination,  including  withdrawal 
candidates  for  President  of  the  United  States,  to  be  voted  for  at  <*  candidate.. 
a  primary  under  this  act,  may,  at  any  time  before  four  o'clock  of 
the  Friday  next  succeeding  the  last  day  fixed  for  filing  nomina- 
tion petitions,  withdraw  his  name  as  a  candidate,  by  a  request 
in  writing,  signed  by  him  and  acknowledged  before  a  notary 
public  or  justice  of  the  peace,  filed  with  the  Secretary  of  the 
Commonwealth,  if  such  candidate  filed  his  nomination  petition 
with  the  Secretary  of  the  Commonwealth,  and  in  all  other  cases 
with  the  county  commissioners. 

The  Secretary  of  the  Commonwealth,  upon  the  filing  of  requests  Certification. 
for  withdrawal  in  the  manner  herein  provided,   shall  forthwith 
certify  to  the  county  commissioners  of  the  proper  county  a 
correct  list  of  candidates  filing  such  requests. 

§510.     Sec.  20.     Upon  the  petition  of  five  or  more  citizens,  who  o veneer,  at 
are  lawful  voters  of  any  election  district,  setting  forth  that  theprim*r7- 
appointment  of  overseers  is  a  reasonable  precaution  to  secure 
the  purity  and  fairness  of  the  primary  in  said  district,  it  shall  be 
the  duty  of  the  court  of  common  pleas  of  the  proper  county,  in 
its  discretion,  to  appoint  two  overseers  of  election  in  said  district, 
who  shall  be  entitled  to  remain  within  the  polling  place  during  the 
casting  and  counting  of  the  ballots. 

117 


Sees.  511-513 


STATUTES PRIMARIES. 


Watch  era. 


Election 
officers. 


Misdemeanor. 


Threaten 
watches*  or 
overseers  a 
misdemeanor. 


Penalty. 


Unqualified 
signers  to 
petitions 
guilty  of 
misdemeanor. 


Penalty. 


False  state- 
ment In 
Affidavit. 


§511.  Sec.  21.  Each  candidate  shall  be  entitled  to  appoint  two 
watchers  at  the  primary  in  each  election  district,  division,  or  pre- 
cinct in  which  such  candidate  is  to  be  voted  for,  who  shall  be 
qualified  electors  of  the  district,  division,  or  precinct.  Each 
watcher  shall  be  provided  with  a  certificate  from  the  county 
commissioners,  stating  his  name,  the  district  in  which  he  is  author- 
ized to  act,  and  the  name  of  the  candidate  appointing  him,  and 
shall  have  the  right  to  remain  in  the  room  outside  of  the  enclosed 
space.  Watchers  shall  be  required  to  show  their  certificates 
when  requested  to  do  so. 

If  any  election  officers  officiating  at  any  primary  shall  refuse 
to  permit  a  watcher  appointed  under  the  provisions  of  this  act 
to  be  present  as  herein  provided,  such  officer  or  officers  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
sentenced  to  pay  a  fine  not  exceeding  one  thousand  ($1,000.00) 
dollars,  or  to  undergo  an  imprisonment  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court. 

§512.  Sec.  22.  Any  person  or  persons  who,  by  violence  or 
intimidation,  shall  threaten  or  drive  away  said  watchers  or  over- 
seers, shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  thousand 
($1,000.00)  dollars,  or  to  undergo  imprisonment  for  a  period  not 
exceeding  one  year,  or  both  in  the  discretion  of  the  court. 

§513.  Sec.  23.  If  any  person  shall  knowingly  and  wilfully  sign 
any  nomination  petition  without  being  qualified,  with  respect  to 
age,  sex,  residence,  and  citizenship  to  be  an  elector  of  the  State, 
or  of  the  political  district  or  division,  as  the  case  may  be,  named 
in  said  petition,  and  a  resident  of  the  county  named  on  the  sheet 
which  he  signs;  or  if  any  person  shall  set  opposite  a  signature  on 
a  nomination  petition  a  date  other  than  the  actual  date  such 
signature  was  affixed  thereto;  or  if  any  person  shall  set  opposite 
a  signature  on  the  nomination  petition  a  false  statement  of  the 
signer's  place  of  residence;  or  if  any  person  shall  sign  more  nomi- 
nation petitions  than  permitted  by  the  provisions  of  this  act, — he 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  of  not  more  than  one  hundred 
($100.00)  dollars. 

If  any  person  shall  knowingly  make  a  false  statement  in  any 
affidavit  required  by  the  provisions  of  this  act,  to  be  appended  to 
or  to  accompany  a  nomination  petition,  or  if  any  person  shall 
fraudulently  sign  any  name  not  his  own  to  any  nomination  peti- 
tion, or  if  any  person  shall  fraudulently  alter  any  nomination 
petition  without  the  consent  of  the  signers,  he  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  sentenced 
to  pay  a  fine  of  not  more  than  five  hundred  ($500.00)  dollars,  or 
to  undergo  imprisonment  for  not  more  than  one  year,  or  either  or 
both,  at  the  discretion  of  the  court. 

118 


STATUTES — PRIMARIES.  SeCS.    513 

Any  person  who  shall  vote  or  attempt  to  vote  more  than  once  illegal 
at  a  primary  shall  be  guilty  of  a  misdemeanor,  and  upon   con-  vo*ing 
viction  thereof  shall  be  sentenced  to  pay  a  fine  not  exceeding  five 
hundred   ($500.00)   dollars,  or  to  undergo  imprisonment  for  a 
period  not  exceeding  three  years,  or  either  or  both,  at  the  dis- 
cretion of  the  court. 

Any  person  who  votes  or  attempts  to  vote  at  a  primary, 
knowing  that  he  does  not  possess  the  qualifications  of  a  voter  at 
such  primary  as  indicated  by  this  act,  or  who  shall  have  unlaw- 
fully in  his  possession  an  official  ballot  outside  the  polling  place, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  thousand 
($1,000.00)  dollars,  or  to  undergo  an  imprisonment  for  a  period 
not  exceeding  one  year,  or  either  or  both,  in  the  discretion  of  the 
court. 

Any  voter  who,  for  the  purpose  of  securing  assistance  in  mark-  Pake  «ute- 
ing  his  ballot,  shall  falsely  make  oath  or  declare  that  he  cannot  S£tiSieclire 
read  the  names  on  the  ballot,  or  that  by  reason  of  physical  dis- 
ability  he  is  unable  to  mark  his  ballot;  or  who,  without  having 
made  the  affidavit  provided  for  in  this  act,  that  he  cannot  read 
the  names  on  the  ballot,  or  that  by  reason  of  physical  disability 
he  is  unable  to  mark  his  ballot,  shall  permit  another  to  accompany 
him  into  the  voting  compartment,  or  shall  permit  another  person 
to  mark  his  ballot  for  him;  or  any  person  who  shall  assist  a  voter 
in  marking  his  ballot  contrary  to  the  provisions  of  this  act,  or 
who  shall  attempt  to  influence  the  vote  of  the  voter  whom  he  is 
assisting,  or  who  shall  mark  a  ballot  in  any  other  way  than  that 
requested  by  the  voter  whom  he  is  assisting, — shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  sentenced 
to  pay  a  fine  not  exceeding  five  hundred  ($500.00)  dollars,  or  topenahy< 
undergo  imprisonment  for  a  period  not  exceeding  one  year,  or 
either  or  both,  at  the  discretion  of  the  court. 

No  police  officer  in  commission,  whether  in  uniform  or  inPolice 
citizens'  clothes,  shall  be  within  one  hundred  feet  of  a  polling  officer, 
place  during  the  conduct  of  a  primary,  unless  in  the  exercise  of 
his  privilege  of  voting,  or  for  the  purpose  of  serving  warrants,  or 
in  case  of  disturbance  of  the  peace;  and  any  police  officer  being 
so  present  within  one  hundred  feet  of  a  polling  place,  during  the 
conduct  of  a  primary,  except  for  the  purposes  specified,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
sentenced  to  pay  a  fine  not  exceeding  five  hundred  ($500.00)  Penidty 
dollars,  or  to  undergo  imprisonment  for  a  term  not  exceeding 
one  year,  or  either  or  both,  at  the  discretion  of  the  court. 

Any  person  who  shall  accompany  a  voter  into  a  voting  IllegaJ 
compartment  without  the  said  voter  having  first  made  affidavit,  assistance. 
as  provided  in  this  act,  that  he  cannot  read  the  names  on  the 
ballot,  or  that  by  reason  of  physical  disability  he  is  unable  to  mark 
his  ballot;  or  who  shall  accompany  a  voter  into  the  voting  com- 
partment, when  the  affidavit  which  the  voter  has  made  is  false, 
to  the  knowledge  of  such  person;  or  any  judge  of  election  who 

119 


Sec.  513 


STATUTES PRIMARIES 


Penalty. 


Election 
officers 
violating  law. 


Penalty. 


shall  fail  to  properly  file  and  return  affidavits  and  other  papers 
required  by  this  act  or  by  law  to  be  filed  and  returned  to 
the  county  commissioners, — shall,  for  each  such  offense,  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  sentenced 
to  pay  a  fine  not  exceeding  one  thousand  ($1,000.00)  dollars,  or 
to  undergo  imprisonment  for  a  period  not  exceeding  two  years, 
or  either  or  both,  at  the  discretion  of  the  court. 

Any  election  officer  who  permits  a  person  to  vote  at  any  primary 
with  the  knowledge  that  such  person  is  not  so  entitled  to  vote, 
or  refuses  to  permit  any  lawfully  entitled  elector  to  vote  at  such 
primary,  with  the  knowledge  that  such  person  is  entitled  to  vote, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  not  exceeding  five  hundred 
($500.00)  dollars,  or  to  undergo  imprisonment  for  a  period  not 
exceeding  three  years,  or  either  or  both,  at  the  discretion  of  the 
court. 

Any  election  officer  or  clerk  who  shall  be  guilty  of  any  wilful 
fraud  in  the  conduct  of  his  duties  at  a  primary,  or  who  shall  make 

Misdemeanor,  a  false  return  of  the  votes  cast  at  such  primary,  or  who  shall 
deposit  fraudulent  ballots  in  the  ballot  box,  or  who  shall  certify 
as  correct  a  return  of  ballots  in  the  ballot  box  which  he  knows  to 
have  been  fraudulently  deposited  therein,  or  who  shall  write 
false  names  in  the  lists  of  voters  for  the  purpose  of  concealing 
the  deposit  of  such  fraudulent  ballots  or  of  aiding  in  the  perpe- 
tration of  such  fraud,  or  who  shall  conspire  with  others  to  commit 
any  of  the  offenses  herein  mentioned,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  sentenced  to  pay 
a  fine  not  exceeding  five  hundred  ($500.00)  dollars,  or  to  undergo 
imprisonment  for  a  period  not  exceeding  three  years,  or  either  or 
both,  at  the  discretion  of  the  court. 

Any  election  officer  who  refuses  to  permit  a  person  to  receive 
the  party  ballot  for  which  he  asks,  after  having  executed  the 
affidavit  herein  provided  for,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  sentenced  to  pay  a  fine  not 
exceeding  one  thousand  ($1,000.00)  dollars,  or  to  undergo  an 

Penalty.  imprisonment  not  exceeding  two  years,  or  either  or  both,  in  the 
discretion  of  the  court. 

Misdemeanor.  Any  person  who  shall,  directly  or  indirectly,  give,  or  promise  or 
offer  to  give,  any  gift  or  reward  in  money,  goods,  or  other  valu- 
able thing,  to  any  person,  with  intent  to  induce  him  to  vote  or 
refrain  from  voting  for  any  particular  candidate  or  candidates  at 
any  primary;  or  shall,  directly  or  indirectly,  procure  for,  or  offer 
or  promise  to  procure  for,  such  person,  any  such  gift  or  reward, 
with  the  intent  aforesaid;  or  shall,  with  the  intent  to  influence  or 
intimidate  such  person  to  give  his  vote  or  to  refrain  from  giving 
his  vote  for  any  particular  candidate  or  candidates  at  any  primary, 
give  to  or  obtain  for,  or  assist  in  obtaining  for,  or  offer  or  promise 
to  give  to  or  obtain  for,  or  assist  in  obtaining  for,  such  person, 
any  office,  place,  appointment,  or  employment,  public  or  private; 
or  threaten  such  person  with  dismissal  or  discharge  from  any 

120 


Penalty. 


Misdemeanor. 


STATUTES — PRIMARIES  SeCS.  513-515 

office,  place,  appointment,  or  employment,  public  or  private, 
then  held  by  him, — the  person  so  offending  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  be  sentenced  to  pay  a  fine  not 
exceeding  five  hundred  ($500.00)  dollars,  or  to  undergo  imprison-  PeMaty. 
ment  for  a  period  not  exceeding  three  years,  or  either  or  both, 
at  the  discretion  of  the  court. 

Except  as  modified  by  the  terms  of  this  act,  election  officer!  *tlon» 
and  clerks  shall  be  subject  to  the  same  pains  and  penalties  for 
violations  or  neglect  of  their  duties  at  a  primary  as  they  are  or 
hereafter  may  be  subject  to  for  violations  or  neglect  of  such 
duties  at  elections.  In  all  other  respects,  officers  and  clerks 
officiating  at  primaries  shall  be  subject  to  the  pains  and  penalties 
provided  by  law  for  offences  committed  at  primaries.  The 
existing  laws  realting  to  bribery  at  primaries,  except  as  modified 
by  the  terms  of  this  act,  shall  continue  in  force,  and  shall  apply 
to  bribery  at  primaries  as  provided  by  this  act. 

§5 14.     Sec.  24.     The  invalidity  of  any  portion  of  this  act  shall  i 
no  wise  effect  the  validity  of  any  other  portion  thereof  which  can 
be  given  effect  without  such  invalid  portion. 

§515.  Sec.  25.  That  the  following  acts  of  Assembly;  namely, 
An  act  of  Assembly,  entitled  "An  act  providing  a  uniform  method 
of  electing  certain  party  officers  and  delegates  to  the  State  and 
National  conventions,  and  of  making  nominations  for  certain 
public  offices;  providing  for  the  payment  of  the  expenses  of  the 
same;  making  certain  violations  thereof  misdemeanors,  and  pre- 
scribing penalties  for  the  violation  of  its  provisions,"  approved 
the  seventeenth  day  of  February,  Anno  Domini  one  thousand 
nine  hundred  and  six,  and; 

An  act  of  Assembly,  approved  the  twenty-second  day  of  May, 
Anno  Domini  one  thousand  nine  hundred  and  seven,  entitled 
"An  act  to  amend  section  twelve  of  an  act,  entitled  'An  act  pro- 
viding a  uniform  method  of  electing  certain  party  officers,  and 
delegates  to  the  State  and  National  conventions,  and  of  making 
nominations  for  certain  public  offices;  providing  or  the  payment  of 
the  expenses  of  the  same; making  certain  violations  thereof  misde- 
meanors, and  prescribing  penalties  for  the  violation  of  its  pro- 
visions,' approved  the  seventeenth  day  of  February,  Anno  Domini 
one  thousand  nine  hundred  and  six;"  and 

An  act  of  Assembly  approved  the  sixth  day  of  April,  Anno  Repeal. 
Domini  one  thousand  nine  hundred  and  eleven,  entitled  "An 
act  to  amend  sections  two,  three,  ten,  and  eleven  of  an  act,  entitled 
'An  act  providing  a  uniform  method  of  electing  certain  party 
officers,  and  delegates  to  the  State  and  National  conventions,  and 
of  making  nominations  for  certain  public  offices;  providing  for 
the  payment  of  the  expenses  of  the  same;  making  certain  viola- 
tions thereof  misdemeanors,  and  prescribing  penalties  for  the 
violation  of  its  provisions,'  approved  the  seventeenth  day  of 
February,  Anno  Domini  one  thousand  nine  hundred  and  six,  by 
providing  for  only  one  primary  election  each  year,  in  place  of  two; 
fixing  the  time  for  holding  the  same;  providing  what  political 

121 


Sees.  515-516 


STATUTES — PRIMARIES. 


party  shall  be  entitled  to  participate  therein,  and  what  voter 
shall  be  entitled  to  participate  in  such  primary;  fixing  the  time 
for  the  election  of  party  officers,  and  changing  time  for  the  certify- 
ing by  the  Secretary  of  the  Commonwealth  of  the  computation 
of  the  vote  for  State  offices;" 

And  all  other  acts  or  parts  of  acts,  inconsistent  with  this  act, 
be  and  the  same  are  hereby  repealed:  Provided,  however,  that 
the  repeal  of  said  acts  shall  not  in  any  way  interfere  with  or 
affect  any  proceeding  pending  at  the  date  of  the  approval  of 
this  act:  And  provided  further,  That  nothing  herein  contained 
shall  repeal  any  act,  or  part  of  act,  providing  a  non-partisan  method 
of  nominating  or  electing  candidates  for  any  public  office, — it  being 
intended  that  any  provisions  of  this  act  for  the  nomination  of 
candidates  for  any  such  office  shall  be  suspended  while  such 
other  act,  or  part  of  act,  remains  in  force. 

This  act  shall  not  affect  any  nominations  of  candidates  for 
borough  and  township  offices,  which  have  been  made  prior  to  the 
time  of  the  passage  of  this  act. 

§516.  Section  6,  July  9,  1919,  P.  L.  839,  That  all  acts  or 
parts  of  acts  inconsistent  herewith  be,  and  the  same  are  hereby 
repealed:  Provided,  however,  That  the  repeal  thereof  shall  not 
affect  any  act  previously  done,  liability  heretofore  incurred,  or  right 
now  accrued  or  vested,  or  affect  any  suit  or  prosecution,  pending 
or  to  be  instituted,  to  enforce  any  such  right  or  penalty  or 
punish  any  such  offense  under  the  authority  of  such  repealed 
acts  or  parts  of  acts  in  conflict  herewith :  And  provided  further, 
That  nothing  herein  contained  shall  repeal  any  act  providing  a 
non-partisan  method  of  nominating  or  electing  candidates  at 
any  primary,  or  regulating  the  manner  of  printing,  furnishing, 
voting,  counting,  or  preserving  the  non-partisan  ballots  or  can- 
vassing or  computing  the  votes  cast  thereby. 


122 


STATUTES — APPORTIONMENT  SeCS.  517-519 

§517.    Apportionment  of  the  State  into  Representative  Con- 
gressional Districts. 

For  the  purpose  of  electing  representatives  of  the  people  of 
Pennsylvania  to  serve  in  the  House  of  Representatives  in  Congress, 
the  state  is  divided  into  the  following  districts: 

Districts  Nos. 

1st Phila.  Wards,  1,  7,  26,  30,  36,  39,  48. 

2nd "  "     8,9,10,13,14,15,20,37. 

3rd "  "      2,3,4,5,6,11,12,16,17,18,19 

4th "  "      28,29,32,38,47. 

5th "  "      23,25,31,33,35,41,45. 

6th "  "      24,27,34,40,44,46. 

7th "  "      21,22,42,43. 

8th Counties,     Chester,' Delaware. 

9th .  "  Bucks,  Montgomery. 

10th Lancaster. 

llth Lackawanna. 

12th "  Luzerne, 

(1921,  P.  L.       ,  Act  No.  216,  §1.) 
§518. 
Districts  No. 

13th Counties      Schuylkill. 

14th "  Berks,  Lehigh. 

15th "  Bradford,  Pike,  Susquehanna, 

Wayne,  Wyoming. 

16th "  Clinton,  Lycoming,  Potter, 

Tioga. 

17th........  "  Columbia,    Montour,    North- 

umberland, Sullivan. 

18th "  Franklin,  Fulton,  Huntingdon, 

Juniata,  Mifflin,  Perry,  Snyder, 
Union. 

19th "  Cumberland,   Dauphin,   Leba- 

non. 

20th. "  Cambria. 

21st "  Bedford,  Blair. 

22nd  . .  "  Adams,  York. 

23rd :.  "  Cameron,    Centre,    Clearneld, 

McKean. 
24th "  Fayette,  Somerset. 

(1921,  P.  L.        Act  No.  216,  §1.) 
§519. 
District  Nos. 

25th Counties      Greene,  Washington. 

26th "  Beaver,  Butler,  Lawrence. 

27th ........  "  Armstrong,   Clarion,    Indiana, 

Jefferson. 

28th "  Elk,  Forest,  Mercer,  Vanango, 

Warren. 
123 


Sees.  519-521        STATUTES — APPORTIONMENT 

Districts  Nos. 

29th Counties       Crawford,  Erie. 

30th "  Carbon,  Monroe,  Northampton. 

31st "  Westmoreland. 

32nd Pgh.  Wards      21,  22,  23,  24,  25,  26,  27. 

All  boroughs  and  townships  lying  north  of  the 
Ohio  and  Allegheny  Rivers  not  included  in  the 
33rd  district. 

33rd All  boroughs  and  townships  lying  between  the 

Allegheny  and  Monongahela  rivers  and  the 
boroughs  of  Springdale,  Cheswick,  Bracken- 
ridge,  Tarentum,  the  townships  of  Harrison, 
Fawn,  East  Deer,  Frazer,  Springdale,  and  the 
City  of  McKeesport. 

34th Pgh.  Wards,  1,  2,  3, 4,  5,  6,  9, 10, 11, 15. 

35th "  7,  8, 12, 13, 14, 16, 17, 18, 19,20, 

and  township  of  Chartiers,(now 
annexed  to  City  of  Pittsburgh) . 

36th Cities  of  Clairton  and  Duquesne  and  all  bor- 
oughs and  townships  lying  south  of  the  Ohio 
and  Monongahela  rivers,  excepting  the  town- 
ship of  Chartiers  (now  annexed  to  City  of 
Pittsburgh). 

(1921,  P.  L.         ,  Act  No.  216,  §1.) 
§520.    Apportionment  of  the  State  into  Senatorial  Districts. 

The  State  Senate  shall  consist  of  fifty  members  and  the  State  is 
apportioned  into  fifty  senatorial  districts  as  follows: 
District  Nos. 

1st Phila.  Wards,  1,  26,  36,  39,  48. 

2nd "          "        2,3,4,7,8,9,30. 

3rd "          "        5,  6,  10, 11, 12, 13, 14, 16, 18. 

4th "          "        24,27,34,40,44,46. 

5th "          "        17,19,20,31,37. 

6th "          "        21,22,38,42. 

7th "          "        15,28,29,32,47. 

8th "  23,  25,  33,  35,  41,  43,  45. 

9th Counties,      Delaware. 

10th "  Bucks. 

llth Berks. 

12th Montgomery. 

(1921,  P.  L.       ,  Act  No.  217,  §1.) 

§521. 

Districts  Nos. 

13th Counties,     Lancaster, 

All  that  part  not  included  in 
the  17th  districts. 

14th "  Carbon,  Monroe,  Pike,  Wayne. 

15th*. "  Dauphin. 

16th "  Lehigh. 

124 


STATUTES — APPORTIONMENT  SeCS.  521-522 

Districts  Nos. 

17th Counties  Lebanon  and  the  boroughs  of 

Adamstown,  Akron,  Columbia, 
Denver,  Elizabethtown,  Eph- 
rata,  Lititz,  Manheim,  Mariet- 
ta, and  Mount  Joy,  and  the 
townships  of  Clay,  Conroy, 
East  Cocalico,  East  Donegal, 
Elizabeth,  Ephrata,  Mount  Joy, 
Penn,  Rapho,  Warwick,  West 
Cocalico,  West  Donegal,  and 
\Vest  Hempfield,  in  the  county 
of  Lancaster. 

18th Northampton. 

19th "  Chester. 

(1921,  P.  L.       ,  Act  No.  217,  §1.) 
§522. 

Districts  Nos. 

20th Counties,     Luzerne,  and  the  townships  of 

Black  Creek,  Butler,  Conyn- 
ham,  Dallas,  Denison,  Dor- 
ranee,  Foster,  Fairmount,  Fair- 
view,  Hazle,  Hollenback,  Hun- 
lock,  Huntingdon,  Lake  Leh- 
man, Jackson,  Kingston,  Nes- 
copeck,  Plymouth,  Ross,iSalem, 
Slocum,  Sugarloaf,  Union,  and 
Wright,  and  the  boroughs  of 
Conyngham,  Courtdale,  Dallas, 
Dorranceton,  Edwardsville, 
Forty  Fort,  Freeland,  Jeddo, 
•  Kingston,  Larksville,  Nanti- 
coke,  Nescopeck,  New  Colum- 
bus, 'Nuangola,  Plymouth, 
Shickshinny,  West  Hazleton 
and  White  Haven,  and  City  of 
Hazleton. 

21st "  Luzerne, 

The  residue  not  included  in  the 
20th  district. 

22nd "  Lackawanna. 

23rd "  Bradford,    Susquehanna,   Wy- 

oming. 

24th "  Columbia,     Lycoming,     Mon- 

tour,  Sullivan. 

(1921,  P.  L.          Act  No.  217,  §1.) 

125 


Sees.  523-524         STATUTES — APPORTIONMENT 

§523. 

Districts  Nos. 

25th Counties,     McKean,  Potter,  Tioga. 

26th "  Cameron,    Clarion,      Clinton, 

Elk,  Forest. 

27th Northumberland,    Snyder, 

Union. 

28th "  York. 

29th "  Schuylkill. 

30th Blair  and  Huntingdon. 

31st "  Cumberland,   Juniata,  MifHin, 

Perry. 

32nd "  Fayette. 

33rd "  Adams,  Franklin. 

34th "  Centre,  Clearfield. 

35th "  Cambria. 

36th Bedford,  Fulton,  Somerset. 

37th "  Indiana,  Jefferson. 

(1921,  P.  L.        ,  Act  No.  217,  §1.) 
§524. 
Districts  Nos. 

38th Pgh.  Wards,   1,  2,  6,  9, 16, 17,  18,  19. 

39th County,      Westmoreland. 

40th All  the  boroughs  and  townships  in  that  portion 

of  Allegheny  County  lying  north  of  the  Ohio 
and  Allegheny  Rivers  and  the  boroughs  of 
East  Pittsburgh,  East  McKeesport,  Pitcairn, 
Turtle  Creek,  Wall  and  Wilmerding,  and  the 
townships  of  Braddock,  Patton,  Plum  and 
Wilkins. 

41st Counties,    Armstrong,  Butler. 

42nd Pgh.  Wards,  21,  22,  23,  24,  25,  26,  27. 

43rd "        "        3,4,  5,  7,  8, 10, 15. 

44th "  "  •  11,  12,  13,  14,  City  of  McKees- 
port and  all  boroughs  and 
townships  in  that  portion  of 
Allegheny  County  lying  be- 
tween the  Allegheny  and  Mon- 
ongahela  rivers  not  included  in 
the  40th  district. 

45th "         "        20,  and  all  the  boroughs  and 

townships  in  that  portion  of 
Allegheny  County  lying  south 
of  the  Ohio  and  Monongahela 
rivers. 

46th Counties,     Greene,  Washington. 

47th Beaver,  Lawrence. 

48th "  Venango,  Warren. 

49th "  Erie. 

50th "  Crawford.  Mercer. 

(1921,  P.  L.          Act.  No.  217,  §1.) 

126 


STATUTES — APPORTIONMENT  SeCS.  525-526 

§525.     Apportionment  of  the  State  into  Representative  Districts . 

The  State  House  of  Representatives  shall  consist  of  two  hundred 
and  eight  (208)  members  and  the  State  shall  be  apportioned  as 

follows : 

Philadelphia 41  members 26  districts. 

1st  District Wards,  1,  39 2  members. 

2nd  " "  2... 1 

3rd  "        "  3,4,5 2         " 

4th  "        "  6,8,9... '....I 

5th  "       - "  26,36,48 2 

6th  "  .....  "  7 1 

7th  "       "  30 1         " 

8th  "  .<.'....  "  10,13,14 2         " 

9th  "  •.-,<;...  "  11,12 1 

10th  "  -,-....  "  15 2         " 

llth  "  •  .'.,-...  "  17,18 1 

12th  "       "  19 2 

13th  "       "  16,20 2 

14th  "        "  21 1 

15th  "        "  22,42 2         " 

16th  "        "  23,3.5,41 1 

17th  "        "  24,34,44 3 

18th  "        "  25,45 2 

19th  "       "  28,37 2 

20th  "        "  .29,47 2 

21st  "  .....  "  27,40,46 2 

22nd  "  .....  "  32 1 

23rd  "        "  38 1 

24th  "        "  33 1 

25th  "        "  43 1 

26th  "        "  31 1 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

526.     Adams  County 1  member. 

Allegheny  County 27  members >.    13  districts. 

1st  District.  .Pgh.  Wards,!,  3,  5 2  members. 

2nd        "  "        "        2,6,9,10 2 

3rd       '"  "  4,15....... 

4th        "  "  7,8,11.. 

5th        «  «        "        12,13,14 1 

6th        "  "        "        16,  17,  18,  19,  20  and  ^ 

township  of  Chartiers .  3 
(now  annexed  to  City 
of  Pittsburgh.) 

7th        «  "        "        22,23,24,25 2 

8th        -  «        "        21,26,27 2 

9th        "       City  of  McKeesport 

127 


Sees.  526-527          STATUTES — APPORTIONMENT 

10th  District Boroughs  and  townships  lying 

between  the  Allegheny  and 
Youghiogheny  rivers  and  the 
boroughs  and  townships  lying 
between  the  Youghiogheny 
and  Monongahela  rivers 4  members 

llth  Cities  of  Clairton  (Clairton, 

North  Clairton,  and  Wilson 
boroughs)  ,Duquesne,boroughs 
of  Dravosburg,  Hays,  Home- 
stead, Munhall,  W.  Eliza- 
beth, W.  Homestead  and 
Whitaker,  townships  of  Jeffer- 
son and  Mifnin 2  " 

12th  "  All  boroughs  and  townships 

south  of  the  Ohio  and  Monon- 
gahela rivers  not  included  in 
the  eleventh  district,  including 
the  township  of  Neville 4  " 

13th  Boroughs  and  townships  north 

of  the  Ohio  and  Allegheny 

rivers 2  " 

(1921,  P.  L.         ,  Act  No.  218,  §1.) 

§527.     Armstrong  County 2  members. 

Beaver  County 3  members 2  districts. 

1st  District Boroughs  of  Ambridge,  Baden, 

Conway,East  Rochester,East- 
vale,  Freedom,  New  Brighton, 
Rochester,  that  portion  of  the 
borough  of  Elwood  City  lying 
within  the  county  of  Beaver 
and  the  townships  of  Daugher- 
ty,  Economy,  Franklin,  Har- 
mony, Marion,  New  Sewickley , 
North  Sewickley,  Pulaski,  and 
Rochester 1  member 

2nd        "       .The  residue  of  the  county  of 

Beaver  not  included   in  the 

first  district 2  members 

Bedford  County 1  member 

Berks  County 5  members 4  districts. 

1st  District City  of  Reading 2  members 

2nd         "       Boroughs  of  Birdsboro,  Mohn- 

ton,  Mount  Penn,  Shillington, 
Sinking  Spring,  West  Reading, 
and  Wyomissing,  townships 
of  Amity,  Brecknock,  Caernar- 
von, Crumru,  Douglass,  Exe- 
ter, Lower  Alsace,  Robeson, 
Spring  and  Union 1  member 

128 


STATUTES — APPORTIONMENT  SeCS.  527-528 

3rd  District  ....  Boroughs  of  Bernville,  Centre- 
port,  Hamburg,  Lenhartsville, 
Robesonia,  Wernersville,  West 
Leesport,  Womelsdorf  and 
townships  of  Albany,  Bern, 
Bethel,  Centre,  Greenwich, 
Heidelberg,  Jefferson,  Lower 
Heidelberg,  Marion,  North 
Heidelberg,  Penn,  Perry,  South 
Heidelberg,  Tilden,  Tulpe- 
hocken,  Upper  Bern,  Upper 
Tulpehocken  and  Windsor. ...  1  member 

4th  Boroughs  of  Bally,  Bechtel- 

ville,  Boyertown,  Fleetwood, 
Kutztown,  Topton  and  town- 
ships of  Alsace,  Colebrookdale, 
district,  Earl,  Hereford,Long- 
swamp,  Maidencreek,  Maxa- 
tawny,  Muhlenberg,  Oley, 
Ontelaunee,  Pike,  Richmond, 
Rockland,Ruscombmanor  and 

Washington 1         " 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

§528.     Blair  County 3  members 2  districts.. 

1st  District City  of  Altoona 1  member. 

2nd  "  ....  .Residue  of  the  county  of  Blair 
not  included  in  the  1st  dis- 
trict  2 

Bradford  County 1 

Bucks  "      2 

Butler  "      2 

Cambria        "      5  members 2  districts . 

1st  District City  of  Johnstown 2  members 

2nd  "  Residue  of  the  county  of  Cam- 
bria not  included  in  the  1st 

district 3 

Cameron  County 1 

Carbon          "      1 

Centre  "      \.. :....! 

Chester          "      3  members 2  districts, 

1st  District City  of  Coatesville. 

Boroughs  of  Atglen,  Avondale, 
Oxford,  Parkesburg,  West- 
grove,  and  townships  of  East 
Fallowfield,East  Nottingham, 
Elk,  Franklin,  Highland,  Lon- 
don, Britain,  London,  Grove, 
Londonderry,  Lower  Oxford, 
New  Garden,  New  London, 

129 


Sees.  528-529          STATUTES — APPORTIONMENTS 

Penn,  Upper,  Oxford,  West 
Fallowfield,  West  Marlboro, 

and  West  Nottingham 1  member 

2nd    District Boroughs  of  Downington,  El- 

verson,  Honey  brook,  Kennett 
Square,  Malvern,  Phoenixville, 
Spring  City,  and  West  Chester, 
and  townships  of  Birmingham, 
Cain,  Charlestown,  EastBrad- 
ford,  East  Brandywine,  East 
Cain,  East  Coventry,  East 
Goshen,  East  Marlboro,  East 
Nantmeal ,  East  Pikeland,  East 
Vincent,East  Whiteland,  East- 
town,  Honeybrook,  Kennett, 
Newlin,  North  Coventry, 
Pennsburg,  Pocopson,  Sads- 
bury,  Schuylkill,  South  Coven- 
try, Thornburg,  Tredyffryn, 
Upper  Uwchlan,  Uwchlan  Val- 
ley, Wallace,  Warwick,  West 
Bradford,  West  Brandywine, 
West  Cain,  West  Goshen,  West 
Nantmeal,  West  Whiteland, 

Westtown,  and  Willistown 2       " 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 


§529.     Clarion  County 1  member. 

Clearfield  County 2  members 2  districts. 

1st  District Boroughs  of  Brisbin,  Chester 

Hill,  Clearfield,  Houtzdale, 
Osceola,  Ramey,  Wallaceton, 
and  townships  of  Bigler,  Boggs, 
Bradford,  Cooper,  Covington, 
Decatur,  Girard,  Goshen, 
Graham,  Gulich,  Jor- 
dan, Karthaus,  Lawrence, 
Morris,  and  Woodward 1  member 

2nd  District City  of  Du  Bois,  boroughs  of 

Burnside,  Coalport,  Curwens- 
ville,  Glen  Hope,  Grampian, 
Irvona,  Lumber  City,  Mahaf- 
fey,  Newburg,  New  Washing- 
ton, Troutville  and  Westover, 
townships  of  Beccaria,  Bell, 
Bloom, Brady,Burnside, Chest, 
Ferguson,  Greenwood,  Hus- 
ton, Knox,  Penn,  Pike,  Pine, 
Sandy  and  Union 1 

130 


STATUTES — APPORTIONMENTS          SeCS.  529-530 

Clinton  County 1  member. 

Columbia      "    1         " 

Crawford       "    1         " 

Cumberland "    1         " 

Dauphin        "    4  members 2  districts 

1st  District .City  of  Harrisburg 2         " 

2nd  "  ].....  Residue  of  the  county  of  Dau- 
phin not  included  in  1st  dis- 
trict  2  " 

Delaware  County 4  members 2  districts. 

1st  District City  of  Chester 1  member 

2nd  "  Residue  of  the  county  of  Dela- 
ware not  included  in  the  1st 

district 3         " 

(1921,  P.  L.  ,  Act  No.  218,  §1.) 

§530.     Elk  County 1  member. 

Erie  County 4  members 4  districts. 

1st  District Wards,  3,  4,  6  of  the  City  of 

Erie  as  constituted    April  1, 

1921 1  member. 

2nd         "       Wards,  1,  2,  5  of  the  City  of 

Erie  as  constituted  April  1, 

1921 1 

3rd  "  .....  City  of  Corry,  boroughs  of  El- 
gin," North  East,  Union  City, 
Wattsburg,  and  Westleyville, 
and  townships  of  Amity,  Con- 
cord, Greene,  Greenfield,  Har- 
bourcreek,  North  East,  Union, 

Venango,  and  Wayne 1 

4th        "        Residue  of  the  County  of  Erie 

not  included  in  the  1st,  2nd 

and  3rd  districts 1 

Fayette  County 4  members 2  districts. 

1st  District BoroughsofFairchance,Mark- 

leysburg,  Masontown,  Point 
Marion,  and  Smithfield,  town- 
ships of  Georges,  German, 
Henry  Clay,  Luzerne,  Menal- 
len,  Nicholson,  Redstone, 

Springhill  and  Wharton 1  member. 

2nd  "  Residue  of  the  county  of  Fay- 
ette not  included  in  the  first 

district , ....  3         || 

Forest  County J 

Franklin    "        J 

Fulton       "       J 

Greene       "       {          „ 

Huntingdon  County *  ,       u 

Indiana  "       

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

131 


Sees.  531-532          STATUTES — APPORTIONMENT 

§531.     Jefferson  County 1  member. 

Juniata          "     1 

Lackawanna  "     ...  6  members 6  districts. 

1st  District Wards,  4,  5,  6,  14,  15,  18,  20, 

22  of  the  City  of  Scranton ....  1  member 

2nd        "      Wards,  1,  2,  3,  7,  13,  16,  21  of 

the  City  of  Scranton 1          " 

3rd  Wards,  8,  9,  10,  11,  12,  17,  19 

of  the  City  of  Scran- 
ton  1 

4th        "        Boroughs    of    Dickson    City, 

Dunmore  ,Elmhurst ,  Oly  phant , 
Throop,  and  Winton,  town- 
ships of  Jefferson,  and  Roaring 
Brook 1 

5th        "        City  of  Carbondale,  Boroughs 

of  Archbald,  Blakely,Jermyn, 
Mayfield,  andVandling;  town- 
ships of  Carbondale,  Fell, 
Greenfield,  and  Scott 1 

6th        "        Boroughs    of    Clarks    Green, 

Clarks  Summit,  Dal  ton,  Glen- 
burn,  Gouldsboro,  La  Plume, 
Moosic,  Moscow,  Old  Forge, 
and  Taylor;  townships  of 
Abington,  Benton,  Clifton, 
Covington,  Lackawanna,  Le- 
high,  Madison,  Newton,  North 
Abington,  Ransom,  South  Ab- 
ington, Spring  Brook  and  West 

Abington 1 

(1921,  P.  L.  ,  Act  No.  218,  §1.) 

§532.     Lancaster  County 4  members 2  districts.. 

1st  District City  of  Lancaster 1  member. 

2nd         "       Residue  of  the  County  of  Lan- 
caster not  included  in  the  1st 

district 3 

Lawrence  County 2  members 2  districts. 

1st  District City  of  New  Castle 1  member. 

2nd         "       Residue  of  the  County  of  Law- 
rence not  included  in  the  1st 

district 1 

Lebanon  County 1 

Lehigh  County 3  members 2  districts. 

1st  District City  of  Allentown 2  members. 

2nd        "       Residue  of  the  county  of  Le- 
high not  included  in  the  1st 

district 1 

(1921,  P.  L.          ,  Act  No.  218,  §1.) 

132 


STATUTES — APPORTIONMENTS  SeCS.  533-534 

§533.     Luzerne  County 8  members . .       . .  7  districts 

1st  District City  of  Hazleton,  Boroughs  of 

Freeland,  Jeddo  and  West 
Hazleton,  townships  of  Foster 
and  Hazel 1  member. 

2nd      Boroughs  of  Ashley,  Conyng- 

ham,  Laurel  Run,  Nescopeck, 
Nuangola,  Sugar  Notch,  War- 
rior Run  and  White  Haven, 
townships  of  Bear  Creek,  Black 
Creek,  Buck,  Butler,  Deni- 
son,  Dorrance,  Fairview,  Han- 
over, Hollenback,  Nescopeck, 
Sugarloaf,  Wilkes-Barre  and 
Wright 1  " 

3rd  City  of  Pittston,  boroughs  of 

Avoca,  Dupont,  Hughestown, 
Laflin,  Miners  Mills,  Parsons 
and  Yatesville,  townships  of 
Jenkins,  Pittston  and  Plains . .  1  " 

4th         "      Boroughs  of  Nanticoke,  New 

Columbus  and  Shickshinny, 
townships  of  Conyngham,Fair- 
mount,  Hunlock,  Huntington, 
Newport,  Ross,  Salem,  Slo- 
cum  and  Union 1  " 

5th  Boroughs     of     Edwardsville, 

Kingston,  Larksville,  Ply- 
mouth, and  township  of  Ply- 
mouth  1  " 

6th  Boroughs  of  Courtdale,  Dallas, 

Dorranceton,  Duryea,  Exeter, 
Forty  Fort,  Luzerne,  Pringle, 
Swoyersville,  West  Pittston, 
West  Wyoming  and  Wyoming, 
townships  of  Dallas,  Exeter, 
Franklin,  Jackson,  Kingston, 

Lake  and  Lehman 1 

7th        "        .....  City  of  Wilkes-Barre 2  members 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

§534.     Lycoming  County 2  members. 

McKean         "        1  member. 

Mercer  "        2  members. 

Mifflin  "        1  member. 

Monroe  "'      1 

Montgomery  County 5  members 3  districts. 

1st  District Boroughs  of  Bridgeport,  Nar- 

berth  and  West  Conshohocken 
and  townships  of  Lower  Meri- 

on,  Upper  Merion 1  member. 

133 


Sees.  534-535         STATUTES — APPORTIONMENT 

2nd  District Boroughs    of    Conshohocken, 

Norristown  and  township  of 

Plymouth 1  member. 

3rd  Residue  of  the  county  of  Mont- 

gomery not  included  in  the 
1st  and  2nd  districts ....;....  3  members. 

Montour  County .1  member. 

Northampton  County 4  members 2  districts. 

1st  District That  portion  of  the  City  of 

Bethlehem  in  the  county  of 

Northampton 1  member. 

2nd  Residue    of    the    county    of 

Northampton  not  included  in 

the  1st  district 3  members. 

Northumberland  County 3  members 2  districts. 

1st  District City  of  Sunbury,  boroughs  of 

McEwensville,  Milton,North- 
umberland,  Riverside,  Turbot- 
ville  and  Watsontown,  town- 
ships of  Delaware,  East  Chil- 
lisquaque,  Gearhart,  Lewis, 
Point  Rockefeller,  Rush,  Tur- 
bot,  Upper  Augusta,  and  West 

Chillisquaque 1  member. 

2nd        "       Residue  of  the  county  of  North- 
umberland not  included  in  the 

1st  district 2  members. 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

§535.     Perry    County 1  member. 

Pike  "      1      fl"  j 

Potter         "      1      ||«*  J 

Schuylkill  "      ....  5  members 4  districts. 

1st  District Boroughs  of  Frackville,  Gil- 

berton,  Mahanoy  City,  Shen- 
andoah  and  townships  of  De- 
lano, Mahanoy,  andWest  Ma- 
hanoy  1  member. 

2nd        "      Boroughs  of  Ashland,  Girard- 

ville  and  Gordan,  townships 
of  Barry,  Butler,  Cass,  Eldred, 
Foster,  Hegins,  Hubley  and 

Upper  Mahantango 1 

3rd         "      Borough  of  Coaldale,  McAdoo, 

Middleport,  New  Philadelphia, 
New  Ringgold,  Port  Clinton, 
Ringtown,  Tamaqua,  town- 
ships of  Blythe,  East  Bruns- 
wick, East  Union,  Kline,North 
Union,  Rahn,  Rush,  Ryan, 
Schuylkill,  Union,  Walker, 
West  Brunswick  and  West  Penn .  1 
134 


STATUTES— APPORTIONMENT  SeCS.  535-536 

4th  District City  of  Pottsville,  boroughs  of 

Auburn,  Cressona,  Landing- 
ville,  Mechanicsville,  Miners- 
ville,  Mount  Carbon,  Orwigs- 
burg,  Palo  Alto,  Pine  Grove, 
Port  Carbon,  Saint  Clair, 
Schuylkill,  Haven  and  Tre- 
mont,  townships  of  Branch, 
East  Norwegian,  Frailey,  New 
Castle,  North  Manheim,  Nor- 
weign,  Pinegrove,  Porter, 
Reilly,  South  Manheim,  Tre- 
mont,  Washington  and  Wayne.2  members. 

Snyder  County ! 1  member. 

Somerset  . . . 2  members. 

Sullivan  1  member. 

Susquehanna  County 1         " 

Tioga  County   1         " 

Union          "       1         « 

Venango     "       1         " 

Warren       "       ; 1         " 

(1921,  P.  L.  ,  Act  No.  218,  §1.) 

§536.     Washington  County 4  members 2  districts. 

1st  District Boroughs    of    Burgettstown, 

Canonsburg,  Claysville,  East 
Washington,  Houston,  Mc- 
Donald, Midway,  Washington, 
West  Alexander,  West  Middle- 
ton,  townships  of  Blaine,  Buf- 
falo, Canton,  Cecil,  Chartiers, 
Cross  Creek,  Donegal,  East 
Finley,  Hanover,  Hopewell, 
Independence,  Jefferson,  Mor- 
ris, Mount  Pleasant,  North 
Franklin,  Robinson,  Smith, 
South  Franklin,  South  Stra- 

bane  and  West  Finley .  .2  members. 

2nd  "  Residue  of  the  county  of  Wash- 
ington not  included  in  the  1st 
district 2 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 

§537.     WTayne  County 1  member. 

Westmoreland 6  members 2  districts. 

1st  District Boroughs  of  Bolivar, Cokeville, 

Deny,  Donegal,  Latrobe,  Lig- 
onier,  Li vermore, Mount  Pleas- 
ant, New  Alexandria,  New 
Florence,  Seward  and  Youngs- 
town,  townships  of  Cook, 
Deny,  Donegal,  Fairneld,  Lig- 
onier,  Loyalhanna,  Mount 
Pleasant,  Saint  Clair  and  Unity .  3  members. 
135 


Sees.  537-538          STATUTES — APPORTIONMENT 

2nd  District Residue  of  the  county  of  West- 
moreland not  included  in  the 

1st  district 3  members. 

Wyoming  County 1  member. 

(1921,  P.  L.          ,  Act  No.  218,  §1.) 

§538.     York  County 3  members 3  districts. 

1st  District City  of  York 1  member. 

2nd        "       Boroughs  of  Dillsburg,  Dover, 

Franklintown ,  Goldsboro ,  Han- 
over, Hallam,  Lewisberry, 
Manchester,  Mount Wolf,New 
Salem,  North  York,  Spring 
Grove,  Wellsville,  West  York, 
Wrightsville  and  York  Haven, 
townships  of  Carroll,  Cone- 
wago,  Dover,  East  Manches- 
ter, Fairview,  Franklin,  Hei- 
delberg, Hallam,  Jackson, 
Manchester,  Monaghan,  New- 
berry,  North  Codorus,  Para- 
dise, Penn,  Spring  Garden, 
Springettsbury,  Warrington, 
Washington,  and  West  Man- 
chester   1  member. 

3rd  District Residue  of  the  Count}7  of  York 

not  included  in  the  first  or  sec- 
ond districts 1 

(1921,  P.  L.       ,  Act  No.  218,  §1.) 


136 


STATUTES— ELECTIONS.  SeCS.    539-540 

BALLOT    LAW 

Approved  June  10,  1893,  (P.  L.  419)  as  amended  to  1921. 


PT©  regulate  the  nomination  and  election  of  public  officers,  requiring  certain  expense 
incident  thereto  to  be  paid  by  the  several  counties,  and  punishing  certain  offenses  iu 
regard  to  such  elections. 
§539.     Sec.  1.     Be  it  enacted,  etc.,  That  all  ballots  cast  in  elections  JSldand  dL- 
f  or  public  officers  within  this  Commonwealth  shall  be  printed  and  tributed  at  rub- 
distributed  at  public  expense  as  hereinafter  provided.     The  printing  sSaiPSacoua- 
of  the  ballots  and  of  the  cards  of  instruction  for  the  elections  in  each  tycharge.uuiew 
county,  and  the  delivery  of  the  same  to  the  election  officers  as  herein-  vide™* 
after  provided,  and  all  other  expenses  incurred  under  the  provisions  J8°0the?ei«»tifol 
of  this  act  shall  be  a  county   charge,   unless  herein  otherwise  pro-  «j>«n§e8. 
vided,  the  payment  of  which  shall  be  provided  for  in  the  same  man 
ner  as  the  payment  of  other  election  expenses.     It  shall  be  the  duty  fpe 
of  the  Secretary  of  the  Commonwealth  to  prepare  forms  for  all  the  f 
blanks  made  necessary  or  advisable  by  this  act,  and  to  furnish  copies 
of  the  same  to  the  county  commissioners  of  each  county,  who  shall  goners. 
procure  further  copies  of  the  same  at  the  cost  of  the  county  and  sioners  To" 
furnish  them  to  the  election  officers  or  other  persons  by  whom  they  JJ 
are  to  be  used,  in  such  quantities  as  may  be  necessary  to  carry  out  ty  and 
the  provisions  of  this  act.  $!££ 

§540.     Sec.  2.     Any  convention  of  delegates,  or  primary  meeting  Jri£»£n  mJi: 
of  electors,  or  caucus  held  under  the  rules  of  a  political  party,  or  any  KJrdwua™t8ho°rr 
board  authorized  to  certify  nominations  representing  a  political  party  tod  m  to  certify 
which,  at  the  election  next  preceding,  polled  at  least  two  per  centum  J^Jt^SSiini 
of  the  largest  entire  vote  for  any  office  cast  in  the  State,  or  in  the  two  per  centum 
electoral  district  or  division  thereof  for  which  such  primary  meeting,  ^a*  ^ominaM: 
caucuSj  convention,  or  board  desires  to  make  or  certify  nominations, 
may  nominate  one  candidate  for  each  office  which  is  to  be  filled  in  the 
State,  or  in  the  said  district  or  division,  at  the  next  ensuing  election, 
by  causing  a  certificate  of  nomination  to  be  drawn  up  and  filed  as  Certifioate     of 
hereinafter  provided.     Every  such  certificate  of  nomination  shall  be  nomination   u 
signed  by  the  presiding  officer  and  the  secretary  or  secretaries  of  the 


convention  or  primary  meeting  or  caucus  or  board,  who  shall  add 

thereto  their  places  of  residence,  and  shall  be  sworn  or  affirmed  to  by  ^ 

them  before  an  officer  qualified  to  administer  oaths,  to  be  true  to  the 

best  of  their  knowledge  and  belief,  and  a  certificate  of  the  oath  shall 

be  annexed  to  the  certificate  of  nomination:   Provided,  That  if  any  F 

political  party  has  by  its  rules  provided  for  a  registration  of  candi- 

dates for  nominations,  and  at  the  time  limited  for  such  registration, 

or  at  any  subsequent  time,  by  reason  of  withdrawal  or  other  «uae 

there  shall  be  no  more  candidates  for  any  office  registered  or  remain  -utered  than  »re 

ing  than  are  to  be  elected  to  such  office,  the  person  or  persons  so'0* 

registered  or  remaining  shall  be  deemed  the  nominee  or  nominees,  Nominees. 

with  the  same  effect  as  if  he  or  they  had  been  nominated  by  a  conven- 

tion or  primary  meeting,  or  caucus  or  board.     And  one  or  more  or  all 

of  the  officers  of  the  committee  of  such  political  party  with  whi 

Note  -In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Aot. 

137 


Sees.  540-542  STATUTES — ELECTIONS. 

Form  of  certifl.  such  registration  shall  be  made,  or  the  officer  with  whom  it  is  made, 
cate.  shall  make  a  certificate  of  such  nomination  in  the  same  manner  and 

with  the  same  effect  as  if  there  had  been  a  nomination  by  a  conven- 
tion or  primary  meeting  or  caucus  or  board.    (As  amended  1897,  P. 
Nomination      L.  179,  §1 — See  Independence  Party  Nominations,  208  Pa.  108.) 
p!pj?8minfttion       §541.     Sec.  3.      Nominations    of    candidates    for   any    public 
office    may    also    be    made    by   nomination  papers,    signed  by 
qualified  electors  of  the  State,    or    of     the     electoral    district 
or     division     thereof     for    which    the    nomination    is    made, 
Blanks  shall  be  and   filed  in   the   proper    office    as    provided    in   section    five 

furnished      »7     •    .1  •  r>i       i       ^  j?  t»  i  •       ,•  I-M-L 

the  Secretary  of  this  act.  Blank  forms  tor  making  such  nomination  shall  be 
weSthComm°n~  furnished  by  the  Secretary  of  the  Commonwealth,  and  no  other  form 
Number  of  vot- than  the  ones  so  prescribed  shall  be  used  for  such  purposes.  Where 
JupWfor  State  the  nomination  is  for  any  office  to  be  filled  by  the  voters  of  the  State 
affioerg.  at  large,  the  number  of  qualified  electors  of  the  State  signing  such 

nomination  paper  shall  be  at  least  one-half  of  one  per  centum  of  the 
Number  of  vot-  largest  vote  for  any  officer  elected  in  the  State  at  the  last  preceding 
office!?.  °  6T  election  at  which  a  State  officer  was  voted  for.  In  the  case  of  all 
other  nominations,  the  number  of  qualified  electors  of  the  electoral 
district  or  division  signing  such  nomination  paper  shall  be  at  least 
two  per  centum  of  the  largest  entire  vote  for  any  officer  elected  at  the 
B1*«tor  signing  ^as*  Preceding  election  in  the  said  electoral  district  or  division  far 
denoeand  oocu-  which  said  nomination  papers  are  designed  to  be  made.  Each  elector 
oniy°one  ^ap"?  s^ning  a  nomination  paper  shall  add  to  his  signature  his  place  of 
Signatures  and  residence  and  occupation,  and  no  person  may  subscribe  to  more  than 
be^voSe^for one  nomination  f°r  each  office  to  be  filled.  The  signatures  to  each 
by  affidavit.  nomination  paper  and  the  qualification  of  the  signers  shall  be  vouched 
Fire  electors  for  by  the  affidavit  of  at  least  five  of  the  signers  thereof,  which  affi- 
davit filed  with  davit  shall  accompany  the  nomination  paper  :  Provided,  That  if  five 
the  prothono-of  the  electors  composing  any  political  body  making  a  nomination  by 
certain  poiiti-  nomination  papers  shall  file  with  the  prothonotary  ot  the  county  in 
cai  appellation.  whicn  the  nomination  paper  or  papers  are  to  be  filed  an  affidavit  set- 
Subject  to  this  ting  forth  that  they  have  adopted  a  certain  political  appellation  to  des- 
And  have  ex  ^nate  ^ir  P°^C7»  subject  to  the  limitations  of  this  act  regarding  the 
eiSnve  r°i  «*lft  selection  of  names,  that  thereafter  such  political  body  shall  have  the 
thereto.  exclusive  right  to  use  the  said  name  or  appellation  for  the  election  for 

r  rOYlBO.  1-1  •  •  ••  i  •  i      i      i 

which  such  nomination  or  nominations  are  made,  provided  that  a  cer- 
tificate from  the  prothonotary  setting  forth  such  a  compliance  with 
Proviso.  the  act  be  filed  with  the  nomination  papers  filed  by  such  political 

body :    And  provided  further,  That  if  five  electors,  composing  any 
political  body  as  hereinbefore  provided,  shall  file  an  affidavit,  as  afore- 
said, setting  forth  that  they  have  adopted  a  certain  political  name  or 
appellation  to  designate  their  policy  for  the  purpose  of  making  nomi- 
officers  of        nations  for  war d  officers  or  officers  to  be  elected  in  any  ward,  such 
division  thereof  affidavit  shall  give  to  such  body  of  electors  the  exclusive  right  to  use 
the  said  name  or  appellation  for  the  nomination  of  any  candidates 
for  any  precinct  or  other  subdivision  of  such  ward  for  the  election  for 
which  such  nominations  are  made.   (As  amended  1919,  P.  L.  855,  §1 .) 
tio^eertiiSitM      §542-  Sec.4.  All  certificates  of  nomination  and  nomination  papers 
*ad papers  must  shall  specify  :  One  (1).     The  party  or  policy  which  such  candidate 
JJiio5?partyor  represents,  expressed  in  not  more  than   three  words;  in    the  case  of 
Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

138 


STATUTES— ELECTIONS  SeCS.  542-544 

electors  of  President  and  Vice  President  of  the  United  (States,  the  Name  eto    of 
names  of  the  candidates  for  President  and  Vice  President  shall  be  " 

added  to  the  party  or  political  appellation.    Two  (2).  The  name  of 
each  candidate  nominated  therein,  his  Drof  ession ,  business  or  occupa- 
tion, if  any,  and  his  place  of  residence,  with  street  and  number  thereon, 
if  any .   Three  (3).  The  office  for  which  such  candidate  is  nominated  :  Wh 
Provided,  That  no  words  shall  be  used  in  any  nomination  papers  to  shall  not  bYuM* 
describe   or  designate  the  party  or   policy  or   political    appellation  Jjpenrgmination 
represented  by  the  candidate  named  in  such  nomination  papers  as 
aforesaid,  identical  with  the  words  used  for  the  like  purpose  in  cer- 
tificates of  nominations  made  by  a  convention  of  delegates  or  primary 
meeting  of  electors,  or  caucus  held  unden  the  rules  of  a  political  party, 
or  any  board  authorized  to  certify  nominations,  representing  a  polit- 
ical party  which,  at  the  last  preceding  election.,  polled  two  per  centum  objections  as  w» 
of  the  largest  vote  cast:     And  provided  further,  That  any  objections  party  or  poiiti- 
filed  to  a  nomination  certificate  or  paper  on  account  of  the  party  or  to  bedecided Vj 
political  appellation  used  therein,  or  involving  the  right  as  defined  |£®n60U{^  co*- 
by  sections  two  and  three  of  this  act,  to  file  such  certificate  or  paper, 
shall  be  decided  by  the  court  of  common  pleas  on  hearing,  as  herein- 
after provided.     (As  amended  1897,  P.  L.  223,  §2.) 

§543.     Sec.  5.     Nomination  papers  for  candidates  for  the  offices  papers  ehaiii* 
of  Presidential  electors  and    members    of    the    House    of    Repre-  IJj^tJJJVJJ! 
sentatives  of  the  United  States  and  for  State  offices,  including  those  Commonwealth 
of  Judges,  Senators  and  Representatives,  shall  be  filed  with  the  Secre-  ^^  of  filing 
tary  of  the  Commonwealth  at  least  sixty    days  before  the  day  of 
election.     Nomination  papers  for  candidates  for  all  other  offices 
shall  be  filed  with  the  county  commissioners  of  the  respective 
counties  at  least  twenty-eight  days  before  the  day  of  the  election.  ^^  ^^  .g  ^ 
In  determining  or  reckoning  any  period  of  time  mentioned  in  this  act,  be  reckoned, 
the  day  upon  which  the  act  is  done,  paper  filed,  or  notice  given,  shall 
be  excluded  from,  and  the  date  of  the  election  shall  be  included  in 
the  calculation  or  reckoning.     (As  amended  1919,  P.  L.832,  §1.) 

§544.     Sec.  6.     It  shall  be  the  duty  of  the  officer  or  officers  to  whom  fx™YneffiS$ 
any  nomination  paper    is  brought  for  the  purpose  of  filing,  to  ex- 
amine the  said  paper,  and  if  it  lacks  sufficient  signatures,  or  be  other-  If  defeotive.  H 
wise  manifestly  defective,  it  shall  not  be  filed,  but  the  action  of  said  shall  not  be  filed 
officer  or  officer  sin  refusing  to   receive  such  paper  may  be  reviewed 
by   the  court  of  common  pleas  of  the  county  upon  an  application  ^on^of ^^ 
for  a  mandamus  to  compel  its  reception  as  of  the  date  when  it  was  to  review, 
brought  to  the  office.     All  nomination  papers  which  have  been  filed 
shall  be  deemed  to  be  valid,  unless  objections  thereto  are  duly  made 
by  writing  filed  in  the  court  of  common  pleas  of  the  county  in  which  tions. 
the  paper  objected  to  has  been  filed,  and  with  the  officer  or  officers 
with  whom  such  papers  have  been  filed,  and  within  the  following 
periods : 

First.    In  the  case  of  papers  filed  with  the  Secretary  of  the  Com- 
mon wealth,  at  least  fifty  days  before  the  day  of  election. 

Second.    In  the  case  of  other  papers,  at  least   twenty-five  days  be- 
fore the  day  of  election. 

Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

139 


Sees.  544-545 


STATUTES ELECTIONS 


Third.    In  case  the  co  art  is  in  session,  one  or  more  judges  thereof  shall 

Sroceed  to  hear  such  objections  without  unnecessary  adjournment  or 
elay,  and  shall  give  such  hearing  precedence  over  all  other  busi- 
ness before  him  or  them.  With  respect  to  paperg  filed  with  the  Sec- 
retary of  the  Commonwealth,  such  objections  shall  be  heard  and 
finally  determined  at  least  thirty  days  before  the  day  of  the  election, 
and  in  all  other  cases  at  least  eighteen  days  before  the  day  of 
election.  In  case  the  court  is  not  in  session,  any  judge  thereof, 
on  the  presentation  to  him  of  the  certificate  of  the  prothonotary 
that  such  objections  have  been  filed,  shall  proceed  to  hear  such 
objections.  No  objection  of  any  nature  whatever  shall  be  filed, 
unless  accompanied  by  proof  of  service  of  notice  of  the  proposed 
objection  upon  at  least  one  of  the  candidates  named  in  the  paper 
objected  to,  nor  shall  any  objection  be  heard  in  the  absence  of  any 
of  the  said  candidates  without  proof  of  service  of  notice  of  the  hear- 
ing upon  them.  If  the  court  decide  that  the  paper  objected  to  was 
not  filed  by  parties  entitled  under  this  act  to  file  the  same,  it  shall 
be  wholly  void;  but  if  it  be  judged  defective  only,  the  court  shall 
indicate  the  matters  in  which  it  requires  amendment  and  the  time 
within  which  such  amendments  must  be  made,  and  every  paper 
amended  after  the  time  when  names  therein  contained  should  have 
been  sent  to  the  sheriff,  shall  be  subject  to  the  provisions  of  this  act 
concerning  substituted  nominations.  The  officers  with  whom  nomi- 
nation papers  have  been  filed,  shall  permit  the  political  parties  or 
bodies  who  have  filed  them  to  amend  them  of  their  own  motion,  at 
any  time  prior  to  the  printing  of  the  ballot.  (As  amended  1919,  P. 
L.  832,  §2.) 

withdrawoi  of  §545.  Sec.  7.  Any  person  whose  name  has  been  presented  as  a 
candidate.  candidate  for  the  office  of  Presidential  elector,  Member  of  the  House 
of  Representatives  of  the  United  States,  or  for  any  State  office,  in- 
cluding those  of  judges,  Senators  and  Representatives,  may  cause  his 
name  to  be  withdrawn  from  nomination  by  request  in  writing,  signed 
by  him  and  acknowledged  before  an  officer  qualified  to  take  acknowl- 
edgments of  deeds,  and  filed  in  the  office  of  the  Secretary  of  the 
Commonwealth  at  least  fifty  days  previous  to  the  day  of  the  election, 
and  all  candidates  for  other  offices,  with  the  county  commissioners  of 
the  respective  counties  at  least  twenty-five  days  previous  to  the  day  of 
the  election;  and  no  name  so  withdrawn  shall  be  printed  upon  the 
ballots. 


Hearing. 

Court  in  ses- 
sion. 


Court  not  in 
session. 


Proof  of  ser- 
vice of  notice. 


Decision  of 
court. 


Amendments. 


Vacancies.  Where  any  office  not  in  court  of  record  shall,  for  any  cause,  become 

vacant  after  the  time  for  making  nominations  for  such  office  shall 
have  elapsed,  or  when  a  writ  for  a  special  election  to  supply  a  va- 
cancy shall  direct  such  election  to  be  held  at  a  date  which  would 
prevent  the  making  of  nominations  in  time  to  comply  with  section  five 
of  this  act,  nominations  for  the  office  to  be  filled  may  still  be  made  in 
accordance  with  sections  two  and  three  of  this  act,  but  in  other  re- 
spects the  provisions  of  section  twelve  of  this  act  shall  apply  to  such 
nominations.  (As  amended  1919,  P.  L.  832,  §3.) 

Note.— In  so  far  as  this  act  refer*  to  nomination  see  also  Primary  Act. 

140 


STATUTES ELECTIONS  SeCS.  546-548 

§546.  Sec.  8.  All  certificates  of  nomination  and  nomination  papers  i;«rtificat«s  and 
when  filed,  shall  be  open,  under  proper  regulations,  to  public  inspec-  fJJ^KueiSi1^11 
tion,  and  shall  be  preserved  not  less  than  two  years  in  the  offices  where  tfon*  ancT'pr^ 
they  have  been  filed.  £™d  for  *»« 

§547.     Sec.  9.     The  Secretary  of  the  Common  wealth  shall,  fourteen  sHretary  ofthe 
days  at  least  previous  to  the  day  of  any  election  of  United  States  or  c  •  m  m  °  n  • 
State  officers,  or  for  the  adoption  of  amendments  to  the  Constitution  transmit  lists  to 
of  this  Commonwealth,   transmit  to  the  county   commissioners  £taionerCaiid 
and  the   sheriff   in    each   county,   in  which  such    election  is  to>beriff- 
be  held,  duplicate   official  lists,    stating    the    names    and    resi-C° 
dences  of,  and  parties  or  policies  represented  by,  all  cadidates 
whose   nomination  certificates  or    papers  have   been    filed  with 
him  as  herein  provided  for  such  election,    and  have  not  been 
found   and   declared  to   be  invalid   as   provided  in  section  six, 
and  to  be  voted  for  at  each  voting  place  in  each  county,  respectively,  In  f0rm  of  tbt 
substantially  in  the  form  ofthe  ballots  to  be  used  therein;  duplicate  baiiota. 
copies  of  the  text  of  all  proposed  constitutional  amendments  to  be 
roted  upon  at  such  election.     The  county   commissioners  of  eachC(mnt  oommis- 
county  shall  also  send  to  the  sheriff  of  their  county,  at  least  ten  days  sioners  ihaii  MB< 
prior  to  the  day  of  any  general  election,  an  official  list,  contain  ing  the118 
names  and  party  or  political  appellations  of  all  candidates  whose 
nomination  certificates  or  papers  have  been  tiled  with  the  said  com- 
missioners, as  herein  provided  for  such  election,  and  to  be  voted  for 
at  each  voting  place  in  the  county,  substantially  in  the  form  of  the 
ballots  to  be  used  therein.     (As  amended  1903,  P.  L.  338,  §1.) 

§548.     Sec.  10.     It  shall  be  the  duty  of  the  sheriff  of  every  county,  sheriff  ihaii  giv* 
at  least  ten  days  before  any  general  election  to  be  held  therein ,  ex- J^j0eelejtfio^ 
«ept  borough  and  township  elections,  to  give  notice  of  the  same  by  advertisement 
advertisements  in  at  least  three  newspapers,  if  there  be  so  many  pub-  papers*8  ' 
lished  in  the  county,  two  of  said  newspapers  representing  so  far  as  Newspapers  in 

11      ,1  _ifA»I_i j. i_?_i     _j_  j.1  _  __j« XT i _i_~    which    adver- 


practicable  the  political  party  which  at  the  preceding  November  elec-  tisem0ent 
tion   cast  the  largest  number  *vf  votes,  and  the  other    one  of  saidaPPear- 
newspapers  representing  so  far  as  practicable  the  political  party  which 
at  the  preceding  November  election  cast  the  next  largest  number  of 
rotes,  and  in  addition  thereto  the  sheriff  of  every  county  shall,  at 
least  ten  days  before  any  general  election  to  be  held  in  cities  of  the  Additional 
first,  second  and  third  classes,  give  notice  of  the  same  by  proclamation  JJJJJ§*J  pg*- 
posted  up  in  the  most  conspicuous  places  in  every  election  district  in  Oities. 
•aid  cities  of  the  first,  second  and  third  class,  and  in  every  such  ad- 
vertisement or  proclamation, 

I.  Enumerate  the  officers  to  be  elected  and  give  a  list  of  all  the  Enumerate  the 
nominations  made  as  provided  in  this  act,  and  to  be  voted  for  in  such  officers   to    b« 
county,  and  the  full  text  of  all  constitutional  amendments  submit- 
ted to  a  vote  of  the  people,  but  the  proclamation  posted    in  each 
•lection  district  need  not  contain  the  names  of  any  candidates  but 
those  to  be  voted  for  in  such  district. 

IT.  Designate  the  place  at  which  the  election  is  to  be  held.  Place  of  eieo 

III.  He  shall  give  notice  that  every  person,  excepting  justices  of«Jj 
the  peace,  who  shall  hold  any  office  or  appointment  of  profit  or  trust  .n^bie 
under  the   government   of   the  United  States  or  of  this  State,  or  of  t 
any  city  or  incorporated  district,  whether  a  commissioned  officer  or 

Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

141 


Sees.  548-550  STATUTES  —  ELECTIONS 

•therwise,  a  subordinate  officer  or  agent  who  is  01  shall  be  em 
ployed  under  the  Legislative,  Executive  or  Judiciary  departmem 
of  this  State,  or  of  the  United  States,  or  of  any  city  or  incorpomted 
district  and  also  that  every  member  of  Congress  and  of  the  State 
Legislature,  and  of  the  select  or  common  council  of  any  city  or 
commissioners  of  any  incorporated  district  is,  by  law,  incapable  of 
holding  or  exercising  at  the  same  time  the  office  or  appointment 
of  judge,  mspector  or  clerk  of  any  election  of  this  ComZnweTh 
and  that  no  inspector,  judge  or  other  officer  of  any  such  election 
shall  be  eligible  to  any  office  to  be  then  voted  for,  except  that  of  an 
election  officer.  (As  amended  1895,  P.  L.  392,  §1.) 

HOW  ra^oy  d«  A549'    ^'  AUt    Jn  c?se  of  the  death  or  withdrawl  of  any  candi- 
*all  be  fixate  .nominated  as   herein   provided,  the  party  convention,  primary 
meeting,    caucus  or  board,  or  the  citizens  who  nominated  such  candi- 
date,  may  nominate  a  substitute  in  his  place  by  filing  in  the  proper 
office,  at  any  time  before  the  day  of  election,  a  nomination  certificate 
or  paper  wnich  shall  conform  to  all  the  requirements  of  this  act  m 
regard  to  original  certificates  or  papers  :  Pr&vided,  That   if  the   said 
convention  or  citizens  shall  have  authorized  any  committee,  or  if  any 
executive  committee  of  any  political  party  be  authorized  by  the  rule* 
of  said  party  to  make  nominations  in  the  event  of  the  death  or  with- 
drawal  of  candidates,  the  said  convention  shall  not  be  required  to 
reconvene  nor  the  said  citizens  to  sign  a  new  nomination  piper,  but 
the  said  committee  shall  have  power  to  file  the  requisite  nomination 
certificate  or  paper,  which  shall  recite  the  facts  of  the  appointment 
and  powers  of  the  said  committee,  (naming  all  its  members,)  of  the 
death  or  withdrawal  of  the  candidate  and  of  the  action  of  the  com! 
nnttee  thereon,  and  the  truth  of  these  facts  shall  be  verified  by  the 
affidavit  annexed  to  the  certificate  or  paper  of  two  members  of  tht 
committee,  and  also  of  at  least  two  of  the  officers  of  the  convention 
who  made  affidavit  in  support  of  the  original  certificate,  or  two  of  the 
citizens  who  made  affidavit  to  the  original  paper  :  And  provided  al,o 
That  m  c^e  Of  a  substituted  nomination  paper,  not  filed  by  a  com 
m  ttee,  but  signed  by  citizens,  it  shall  only  be  necessary  that  two- 
thirds  of  the  signers  of  the  said  paper  shall  have  been  signers  of  the 
original  paper. 

Time  for  filing  substitute  nomination  papers  see  §467-A 

SSSrjS£      §55K°-     See.  12.  All  substituted  nomination  certificates  or  'papers 

t0  as  Provided  in  section  six  of  this  act,  and  if  a 


cton-  ,  a 

SewtT0  ns  substituted  certificate  or  paper  be  filed  after  the  last  day  for  filing  the 
original  certificate  or  paper,  objections  must  be  made  within  four  days 
after  the  filing  and  no  objections  as  to  form  and  conformity  to  law 
shall  be  received  after  the  time  set  for  printing  the  ballots 

Sdaute°n  °f     £5  8v  n  aS  anjT,  ™b*tituted  candidate  shall  have  been  duly  nomi- 
nated his  name  shall  be  substituted  by  the  proper  officers  in  the  plaot 
that  of  the  candidate  who  has  died  or  withdrawn,  so  far  as  tin* 
may  allow   and  m  case  a  substituted  nomination  be  filed  with  or 
"a  nets  hive  tranfsm,]tte,d  to  the  county  commissioners  after  the  ballots  have  been 
iSS  8hPariftehd;  ffi?  f  '    •?  iSf     1?ominissioners  shall  prepare  and  distribute  with  the 
>renpar8eda11     '  b^ot«  ^f^  slips  of  paper  bearing  the  substituted  name,  together 
with  the  title  of  the  office,  and  having  adhesive  paste  upon  the  reverse 

Note.-In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act 

142 


STATUTES ELECTIONS  SeCS.  550-552 

side,  which  shall  be  offered  to  each  voter  with  the  regular  ballot  and 
may  be  affixed  thereto. 

Time  for  filing  substitute  nomination  papers,  see  §467-A. 

§551.  Sec.  13.  The  county  commissioners  of  each  county  shall  cause  SSSJ2  to^auw 
all  the  ballots  to  be  used  therein  to  be  printed.  The  said  commissioner!  »u  ballots  to  be 
shall  ascertain  the  offices  to  be  filled,  and  shall  be  responsible  for  the  pr 
accurate  printing  of  the  ballots  in  accordance  with  this  act,  and  for 
the  safe-keeping  of  the  same  while  in  their  possession  or  that  of  their  J^6 
subordinates  or  agents.  Sfe  eeping. 

§552.     Sec.  14.    When  Presidential  electors  are  to  be  voted  f or  candidates  for 
the  names  of  candidates  for  Presidential  electors  shall  be  arranged  in  f  f  JJ^j,*"*^1 
party  groups,  as  presented  in  the  several  certificates  of  party  D^raina-  rangement'  of 
tion  and  nomination  papers,  and  the  groups  shall  be  printed  upon  the  {JJ™68  on  bal" 
ballot  in  order  of  the  vote  obtained  in  the  State,  at  the  last  Presiden- 
tial election,  by  the  parties  nominating,  beginning  with  the  party 
which  obtained  the  highest  vote:     Provided,  That  in    the  case  of 
political  parties  not  represented  on  the  ballot  in  the  last  Presidential 
election,  the  order  of  arrangement  shall  be  alphabetically. 

At  the  head  of  each  group  of  candidates  shall  be  printed  the  ap-  Party  namc 
propriate  party  name  or  political  appellation,  together  with  the  sur- 
names of  the  candidates  of  such  party  for  President  and  Vice  Presi- 
dent, underneath  which  shall  be  printed  the  names  of  the  appropriate 
candidates  for  Presidential  electors. 

At  the  right  of  the  space  containing  the  surnames  of  the  candidates 
for  President  and  Vice  President,  and  their^party  name  or  political 
appellation,  there  shall  be  a  square,  of  sufficient  size  for  the  conven- g       e8     flUt 
ient  insertion  of  a  cross-mark  (X) ,  and  at  the  right  of  the  name  of  and  position  of . 
•ach  candidate  for  Presidential  elector,  there  shall  be  a  similar,  but 
smaller,  square. 

The  names  of  candidates  for  all  other  offices,  shall,  in  all  cases,  be  Names  of  can- 
arranged  under  the  title  of  the  office  for  which  they  are  candidates, 
and  be  printed  in  the  order  of  the  votes  obtained  for  the  head  of  the 
respective  tickets  of  the  parties  or  bodies  nominating  at  the  last  Presi- 
dential election,  beginning  with  the  party  obtaining  the  highest  vote: 
Provided,    That  in  the  case  of  parties  not  represented  on  the  ballot  at 
the  last  Presidential  election,  the  name  of  the  nominees  of  such  parties  P  a  r  t  y    n  0 1 
shall  be  arranged  alphabetically,  according  to  the  party  name  orwgwejfcd^ 
political  appellation.     At  the  right  of  the  name  of  each  nominee ,  or  state  election. 
candidate,  shall  be  printed  the  name  or  appellation  of  the  political  Name  of  party. 
party  presenting  or  nominating  him,  and  at  the  right  of  such  party  Po8ltlon   0, 
name,  or  political  appellation,  there  shall  be  a  square  of  sufficient  square, 
size  for  the  convenient  insertion  of  a  cross-mark. 

Whenever  any  candidate  shall  receive  more  than  one  nomination  when  candi- 
for  the  same  office,  his  name  shall  be  printed  once,  and  the  names  of  JJ^JJSfJJJ 
each  political  party,  so  nominating  him,  shall  be  printed  to  the  right  nomination, 
of  the  name  of  such  candidate,  arranged  in  the  same  order  as  candi-  Position  of 
dates  names  are  grouped,  that  is  to  say.  in  the  order  of  the  votes  ob-party  "am««- 
tained  by  such  party  at  the  last  preceding  Presidential  election,  begin- 
ning with  the  party  obtaining  the  highest  vote.     If  such  candidate 

Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act 

143 


Sec.    552  STATUTES ELECTIONS. 

wh  e  n  n  o  m  i  shall  be  nominated  by  any  political  party  not  represented  on  the 
notrepresenteJ  ballot  *n  fc^e  ^ast  Presidential  election,  the  name  of  such  parties  shall 
on  preyiom  follow  the  other  names,  and  be  arranged  alphabetically,  according 
to  the  party  name  or  appellation.  At  the  right  of  every  party  name, 
square.  or  political  appellation,  shall  be  a  square,  of  sufficient  size  for  the  con- 

venient insertion  of  a  cross-mark. 

There  shall  be  left,  at  the  end  of  the  groups  of  candidates  for 
Presidental  electors,  and  of  the  list  of  candidates  for  each  different 
office  (or  under  the  title  of  the  office  itself  for  which  an  election  is  to 
be  held,  in  case  there  be  no  candidates  legally  nominated  therefor), 
number  of *et«!  as  many  blank  spaces  as  there  are  persons  to  be  voted  for,  for  such 
office,  in  which  space  the  voter  may  insert  the  name  of  any  person 
whose  name  is  not  printed  on  the  ballot  as  a  candidate  for  such  office, 
and  such  insertion  shall  count  as  a  vote,  without  the  cross-mark  as 
hereinafter  mentioned. 

When  vote  is  t«      Whenever  the  approval  of  a  constitutional  amendment,  or  other 

constftutfoniu  question,  is  submitted  to  the  vote  of  the  people,  such  question  shall  be 

amendment,  printed  upon  the  ballot  in  brief  form,  and  followed  by  the  words  "yes" 

and  "no,"  and  if  such  question  be  submitted  at  an  election  of  public 

officers,  it  shall  be  printed  after  the  list  of  candidates. 

Designation  oJ      The  ballots  shall  be  so  printed  as  to  give  to  each  voter  a  clear  op- 
choice  by  cros«  pOrtunity  to  designate  his  choice  of  candidates  by  a   cross-mark  (X), 
in  a  square  of  sufficient  size,  at  the  right  of  the  name  of  each  candi- 
date, and  inside  the  line  enclosing  the  column,  and,  in  like  manner, 
•quire ion  ofanswers  to  questions  submitted,  by  similar  marks,  in  squares  at  th« 
right  of  the  words  "yes"  and  "no."     And  on  the  ballot  may  b« 
instructions  on  printed  instructions  how  to  mark,  and  such  words  as  will  aid  the  voter 

to  do  this.,  as  "mark  one,"  "mark  two,"  and  the  like. 

Proyiso.  Provided,   That  a  voter  may  designate  his  choice  of  an  entire  group 

of  candidates  for  Presidential  electors  by  one  cross-mark  (X),  in  a 

may  designate  large  square,  which  shall  be  placed  at  the  right  of  the  names  of  the 

datesP  °f  candi"  candidates  f or  President  and  Vice  President,  at  the  head  of  such 

group,  and  such  mark  shall  be  equivalent  to  a  mark  against  every 

name  in  the  group. 

Proviso.  Provided  further ,   That  each  voter  may  have  the  opportunity  of 

designating  his  choice  for  all  the  candidates,  as  nominated  by  one 
political  party,  there  shall  be  printed  on  the  extreme  left  of  the  ballot, 
and  separated  from  the  rest  of  the  ballot  by  a  space  of  at  least  one- 
Jf8tartiegnames  half  inch,  a  list  of  the  names  of  all  the  political  parties  or  groups  of 
nominees,  represented  on  such  ballot  and  presenting  candidates  to  be 
voted  for  at  such  election.     Such  names  shall  be  arranged  in  the  order 
HOW  to  be  ar-  Of  the  votes  obtained,  at  the  last  Presidential  election ,  by  the  candi- 
[Jtge          a   date  at  the  head  of  the  respective  tickets  of  the  parties  or  bodies 
nominating,  beginning  with  the  party  that  received  the  highest  vote 
cast.     Following  the  names  of  such  political  parties,  shall  be  the 
Parties  ^o^of1  names  of  the  parties  or  principles  not  presented  on  the  ballot  at  the 
last  Presidential  election ,  arranged  alphabetically,  according  to  the  party 
•quare  at  right  name  or  political  appellation.     A  square,  of  sufficient  size  for  the  con- 
name?11  party  venient  insertion  of  a  cross-mark,  shall  be  placed  at  the  right  of  each 
party  name  01  appellation.     Every  mark  within  such  square  shall  be 

Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

144 


STATUTES — ELECTIONS  SeCS.  552-554 

equivalent  to  a  mark  against  every  name  designated  by  that  political 
appellation,  or  party  name,  including  candidates  nominated  by  mor« 
than  one  party,  or  group  of  citizens. 

At  the  head  of  every  ballot  shall  be  printed  the  following  instruc- 
tions : 

To  vote  a  straight  party  ticket,  mark  a  cross  (X)  in  the  squart  infractions  at 
opposite  the  name  of  the  party  of  your  choice,  in  the  first  column.  A  head  of  ballot, 
cross-mark  in  the  square  opposite  the  name  of  any  candidate,  indicates 
a  vote  for  that  candidate.     (As  amended  1903,  P.  L.  338,  §2.) 

§553.     Sec.  15.     All  the  ballots  used  at  the  same  voting  place  at  any  411  bftliota8hall 
election  shall  be  alike,  and  shall  be  at  least  six  inches  long  and  four  beaitk*, 
inches  wide.    They  shall  be  printed  with  the  same  kind  or  kinds  of  ^Jj1®  of  print" 
type,  (which  shall  not  be  smaller  than  the  size  known  as  "brevier"  or 
"eight-point  body,")  upon  white  paper,  without  any  impression  or 
mark  to  distinguish  one  from  another,  and  of  sufficient  thickness  to 
prevent  the  printed  matter  from  showing  through.    Each  ballot  shall  Bach  ballot  shall 
be  attached  to  a  stub  or  counterfoil,  and  all  the  ballots  for  the  same  J?  attached  to 
voting  place  shall  be  bound  together  in  convenient  numbers  in  books,  g^aii  be  bound 
in  such   manner  that  each   ballot  may  be  detached  and  removed  together, 
separately.  ****** 

On  the  back   of  each  ballot,  or  on  the  right  hand  side  of  the  back,  Caption  on  ba«k 
if  the  ballot  is  printed  in  two  columns,  there  shall  be  printed  as  a° 
caption, "official  ballot  for,"  followed  by  the  designation  of  the  voting 
place  for  which  the   ballot  is  prepared,  the  date  of  the  election,  and 
a  fac-simile  of  the  signatures  of  the  county  commissioners  of  the  Fac- simile   *f 
respective  counties  who  have  caused  the  ballots  to  be  printed.     A SpuntycommSJ 
record  of  the  number  of  ballots  printed  and  furnished  to  each  voting  sioners. 
place  shall  be  kept  and  preserved  by  the  county  commissioners  of  the  fe^of  °baiiote 
several  counties.     When  it  is   shown   by  affidavit  that  mistake  or  Erintted  sha11  ** 
omission  has  occurred  in  the  publication  of  names  or  description  of 
candidates,  or  in  the  printing  of  the  ballots,  the  court  of  common 
pleas  of  the  district  or  county,  or  any  judge  thereof,  may,  upon  the  JIow  mistakes 

•     i-  T/»     i      1  £  ^       j-  A  •   A.  A  .in    publication 

application  of  any  qualified  elector  of  the  district  or  county,  require  of  names  shall 
the  county  commissioners  to  correct  the  mistake  or  omission,  or  to be  oorrected- 
show  cause  why  they  should  not. 

§554.     Sec.  16.     The  county  commissioners  of  each  county  shall  Number  of  bai- 
provide  for  each  election  district  in  which  an  election  is  to  be  held,  ti^XSrict!" 
one  set   of    such   ballots,    of   not   less    than   fifty  for  every   fifty 
and  fraction  of  fifty  voters  therein,  as  contained  upon  the  assessor's  J®  JfuSy  Veom! 
list.     They  shall  also  prepare  full  instructions  for  the  guidance  of  missioners. 
voters  as  to  obtaining  ballots,  as  to  the  manner  of  marking  them  and  shall    prepare 
the  method  of  gaining  assistance,  and  as  to  obtaining  new  ballots  in  yjf^^8  ff\ 
place  of  those  accidentally  spoiled,  and  they  shall  respectively  cause  voters, 
the  same,  together  with  copies  of  sections  thirty  to  thirty-five,  inclu- 
sive, of  this  act,  to  be  printed  in  large,  clear  type  on  separate  cards  to  How  oarita  of  la- 
be  called  cards  of  instruction.     They  shall  also,  in  Addition  to  the  be™rin°ted *  " 
number  of  ballots  required  to  be  printed  for  general  distribution ,  have 
printed  five  hundred  official  and  one  hundred  sample  ballots  for  every  official  »nd  saa- 
five  thousand  voters  within  the  county,  which  ballots  shall  be  kept  at ple  ball°ts. 
Note.—  In  BO  far  as  thin  act  refers  to  nomination  s««  also  Primary  Act. 

145 


Sees.  554-555  STATUTES  —  ELECTIONS. 


foerbeBkea{10at  c*ie  °^ce  °^  tne  commissioners  for  the  use  of  any  district  or  districts, 

office°of  counts  the  ballots  for  which  may  be  lost  or  destroyed.    They  shall  also  cause 

commissioners.  to  ^e  pnnte(j  on  tinted  paper  and  without  the  fac-simile  endorsements, 

iote?im        *   copies  of  the  form  of  the  ballot  provided  for  each  voting  place  at 

Cards  of  instruc  each  election  therein,  which  shall  be  called  specimen  ballots  ;  and  at 

baHotslhaiMH  each  election  they  shall  furnish  to  each  voting  place,  together  with 

famished.        tjie  ballots  to  be  used  there,  a  sufficient  number  of  cards  of  instruc- 

fuie  two8eopMi  ^OT1  anc^  specimen  ballots  for  use  as  required  in  section  twenty  -one  of 

Slftf  vo5J?r'f  this  act'    They  sha11  Deliver  to  each  election  district  in  cities  of 

Ballot  cheek  the  first,  second  and  third  classes,  where  personal  registration  is 

!*•*•  required  at  every  election  therein,  the  registers  of  voters  known 

Voting  checV  as  the  voting  check  list  and  ballot  check  list.    In  all  election  dis- 

Uit  tricts  other  than  in  cities  of  the  first,  second  and  third  classes,  they 

shall  provide  for  each  election  district,  at  every  election  therein, 

two  copies  of  the  assessor's  lists  of  voters  and  shall  deliver  the 

same   as   such   lists   are   now   delivered,    one   copy  to  be  called 

the  "ballot  check  list,"  for  the  inspector  in  charge  of  the  ballots, 

and  the  other  copy  to  be  called  the  "voting  check  list",  to  be  used 

in  marking  the  names  of  those  who  have  voted.     (As  amended 

1921,  P.  L.       ,Act  No.  400,  §1.) 

~How  ballots,  •tu,  §555.  Sec.  17.  The  ballots,  together  with  the  specimen  ballots  and' 
cards  of  instruction  printed  by  the  county  commissioners  as  herein 
provided,  shall  be  packed  by  them  in  separate  sealed  packages  with 
marks  on  the  outside  clearly  designating  the  election  districts  for  which 
they  are  intended  and  the  number  of  ballots  of  each  kind  enclosed. 

They  shall  then  be  sent  by  the  county  commissioners  of  the  respect- 
How  delivered  ive  counties  to  the  judges  of  election  at  the  several  voting  places,  so 
election.  es  °  as  to  be  received  by  them  on  the  Saturday  or  Monday  before  the  day 
Time  of  recep-  Of  election.  The  respective  judges  of  election  shall,  on  delivery  to- 
Judges  shail^6111  °^  sucn  Packages,  return  receipts  therefor  to  the  commissioners, 
return  receipt  who  shall  keep  a  record  of  the  time  when  and  the  manner  in  which 
therefor.  ^  several  packages  are  sent,  and  shall  preserve  for  the  period  of  one 

uommigaionere  ,  r.    .      **,,          .  j   •    j  »    •>   *,. 

to  keep  record  year  the  receipts  of  the  said  judges  of  election. 

of  time  and  man-  * 

baiiote,  etcdlng     The  commissioners  of  any  county  may,  if  they  prefer,  instead  of 
May  notify  judges  sen  ding  the  packages  to  the  judges  or  any  number  of  them  in  the 
er  aforesaid,  notify  the  judges  of  the  election  districts  for  which 
the  said  commissioner's  are  required  to  provide  ballots,  to  come  to  the 
said  commissioners'  office  on  the  day  before  the  election,  at  a  time 
specified,  and  it  shall  be  the  duty  of  each  of  the  said  judges  to  come 
ofeiection!  etc.  to  the  said  office  at  that  time,  and  there,  on  presentation  of  his  certifi- 
cate of  election  as  judge,  to  receive  and  receipt  for  one  package  of 
ballots,  specimen  ballots   and   cards   of  instruction    for   use   in  his 
election  district.     He  shall  keep  the  said  package  sealed,  and  shall  be 
responsible  for  the  safe  keeping  thereof  until  the  ballots  are  used  at  the 
to  perform^aid  election.     In  case  a  judge  of  the  elections  'is  prevented  by  illness  from 
duties.  performing  the  duties  aforesaid,  he  shall  depute  one  of  the  inspectors 

to  act  in  his  place. 

Note.—  In  BO  far  as  this  act  referi  to  nomination  ««e  also  Primary  Act. 

146 


STATUTES—  ELECTIONS  SeCS.  556-558 

§556.     Sec.  18.     In  case  the  ballots  to  be  furnished  to  any  voting  £f  ballot-  a 
place  in  accordance  with  the  provisions  of  this  act  shall  fail  for  any  a  °  '  deliv«r 
reason  to  be  duly  delivered,  or  in  case  after  delivery  they  shall  be         *  !< 
destroyed  or  stolen,  it  shall  be  the  duty  of  the  judge  of  election  of 
such  voting  place  to  cause  other  ballots  to  be  prepared  substantially  How  tame  shall 
in  the  form  of  the  ballots  so  wanting,  and  upon  receipt  of  such  other 
ballots  from  him  accompanied  by  a  statement,  under  oath,  that  the 
same  have  been  so  prepared  and  furnished  by  him,  and  that  the 
original  ballots  have  so  failed  to   be  received  or  have  been  so  de- 
stroyed or  stolen,  the  election  officers  shall  cause  the  ballots  so 
stituted  to  be.  used  in  lieu  of  the  ballots  wanting  as  above.     It  shall 
be  the  duty  of  the  county  commissioners  of  each  county  to  mail  » 

complete  specimens  of  the  ballots  and  other  necessary  papers,  by  reg-  •«*<>"»  eUotion! 
istered  letter,  to  the  judge  of  elections  of  each  election  district,  at 
least  four  days  before  the  election,  to  enable  him  to  comply  with  the 
directions  of  this  section. 

§557.  Sec.  19.  The  county  commissioners  of  each  county  shall  (krontyoommU- 
provide  for  each  election  district  therein,  at  each  election,  a  room  ^JSiefJcSon 
large  enough  to  be  fitted  up  with  voting  shelves  and  a  guard  rail  as  room  properly 
hereinafter  provided.  If  in  any  district  no  such  room  can  be  rented  f  J***  up* 

,  •          i  ,    •       j     ,  i  •  j  •  i     11  i  it  no  room  can 

or  otherwise  obtained,  the  said  commissioners  shall  cause  to  be  con-  k«  procured, 
structed  for  such  district,  a  temporary  room  of  adequate  size  to  be  ^truc 
used  as  a  voting  room  ;  they  shall  also  cause  all  the  said  rooms  to  ""* 
be  suitably  provided  with  heat  and  light  and  with  a  sufficient  num-  Shall  provide 
ber  of  voting  shelves  or  compartments  at  or  in  which  voters  may  con-  JjJ*  ^JjjgJjjJt 
yeniently  mark  their  ballots,  with  a  curtain,  screen  or  door  at  the  number  of  rot- 
upper  part  of  the  front  of  each  compartment,  so  that  in  the  marking)?*8  e  ™8' 

i  n  i  -i    a  i          i  «  »i  i       l/om  part  menl 

thereof  they  may  be  screened  from  the  observation  of  others,  and  a  to  havecurtain. 
guard  rail  shall  be  so  constructed  and  placed  that  only  such  persons  co^stoctfo'n  of 
as  are  inside  said  rail  can  approach  within  six  feet  of  the  ballot  box  guard  rail1.00 
and  of  such  voting  shelves  or  compartments.  The  arrangement  shall  Fmng^distanoe 
be  such  that  neither  the  ballot  box  nor  the  voting  booths  shall  be  raffmav  appro*! 
hidden  from  view  of  those  just  outside  the  said  guard  rail.  The  Jfeivea  and 
number  of  such  voting  shelves  or  compartments  shall  not  be  less  Arrangements 
than  one  for  every  seventy  -five  names  on  the  assessor's  lists,  but  shall  baj!01  5>°*  £nd 

i-i  m  i  /»  i  1  "  /»       1     A  A  VOllDg    DOOlQ8. 

not,  in  any  case,  be  less  than  three  for  the  voters  qualified  to  vote  at  Number  of  yot_ 
luch  voting  place.    No  persons,  other  than  the  election  officers  and  ing  booths. 
voters  admitted  as  hereinafter  provided,  shall  be  permitted  within  the  Persons  permit- 
laid  rail,  except  by  authority  of  the  election  officers  for  the  purpose1* 
of  keeping  order  and  enforcing  the  law.     Each  voting  shelf  or  com-  SBppli|i  fflr 
partment  shall  be  kept  provided  with  proper  supplies  and  con  ven-  ing  ballots. 
lences  for  marking  the  ballots. 

§558.  Sec.  20.  At  the  opening  of  the  polls  in  each  voting  place  X 
the  seals  of  the  packages  shall  be  publicly  broken  and  the  said  pack-  opening  of  the 
age  shall  be  opened  by  the  judge  of  elections.  The  cards  of  instruc-  Card88f  in8truo. 
tion  shall  be  immediately  posted  at  or  in  each  voting  shelf  or  com-  Uon  and  8,>eoi- 
partment  provided  in  accordance  with  this  act  for  the  marking  of  the  <be 


at  or 


ballots,  and  not  less  than  three  such  cards  and  not  less  than  five  speci-  ^ ^ 

men  ballots  shall  be  immediately  posted  in  or  about  the  voting  room,  rail, "and" girlin 
outside  the  guard  rail,  and  such  cards  and  specimen  ballots  shall  be*™*™ 
given  to  any  voter  at  his  request. 

Vote  —In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

147 


Sees.  559-560  STATUTES — ELECTIONS. 

Manner  of  rot-      §559.     Sec.  21.     Any  person  desiring  to  vote  shall  give  his  name- 
mod  residence  to  one  of  the  election  officers  in  charge  of  the  ballots,. 
who  shall  thereupon  announce  the  same  in  a  loud  and  distinct  tone 
of  Toice,  and  if  such  name  is  found  upon  the  ballot  check-list  by  the 
inspector  or  clerks  in  charge  thereof,  he  shall  likewise  repeat  the  said 
No  person  shall  name,  and  the  voter  shall  be  allowed  to  enter  the  space  enclosed  by 
within gSid rail  *ne  guard  rail,  unless  his  right  to  vote  be  challenged.     No  person 

tabushedhas  hit  w^ose  name  1S  not  on  tne  sa^  ^st»  or  wnose  right  to  vote  shall  be 

rfghtV  vote.  "  challenged  by  a  qualified  citizen,  shall  be  admitted  within  said  guard 

rail  until  he  has  established  his  .right  to  vote  in  the  manner  now 

How  ballot  sh»u  provided  by  law,  and  his  name,  if  not  011  the  check-lists,  shall  then 

voter livered  U  "c  added  to  k.otk  lists-      As  soon  as  a  voter  is  admitted  within  the 
rail,  the  election  officer  having  charge  of  the  ballots  shall  detach  a 
Only  one  ballot  ballot  from  the  stub  and  give  it  to  the  said  voter,  but  shall  first  fold 
ahvoterf  un?eu  '*  so  tnat  fc^e  words  printed  on  the  back  and  outside,  as  provided  in 
hinadvertentb  section  fifteen  of  this  act,  shall  be  the  only  wording  visible  ;  and  no 
*  ballot  shall  be  voted  unless  folded  in  the  same  manner.    Not  more 
How  ballot  than  one  ballot  shall  be  given  to  a  voter,  except  as  is  provided  in  sec- 
*U  tion  twenty-five  of  this  act.     As  soon  as  a  voter  receives  a  ballot,  the 
letter  "B"  shall  be  marked  against  his  name  on  the  margin  of  the 
Who  may  bead- ballot  check-list.     *     *     *     *     Besides    the  election    officers    and 
rail.6  msuch  supervisors  as  are    authorized    by    the    laws    of    the  United 

States,  or  overseers  appointed  by  the  courts  of  this  Common- 
wealth, not  more  than  four  voters  in  excess  of  the  number  of  voting 
shelves  or  compartments  provided,  shall  be  allowed  in  said  encloseS 
space  at  one  time. 

Joti-ngd  °f  §560.    Sec.  22.    On  receipt  of  his  ballot,  the  voter  shall  forthwith,, 

voting  booth.  an(i  without  leaving  the  space  enclosed  by  the  guard-rail,  retire 
Preparation  of  to  one  of  the  voting  shelves  or  compartments,  and  draw  a  curtain,  or 
ballot.  shut  the  screen  or  door,  and  shall  then  prepare  his  ballot  as  follows: 

straight  If  he  desires  to  vote  for  every  candidate  of  a  political  party,  he 

tickets.  mav  make  a  cross-mark  in  the  appropriate  square,  opposite  the  name 

of  the  party  of  his  choice,  in  the  straight  party  column  on  the  left  of 
the  ballot,  and  every  such  cross-mark  shall  be  equivalent  to  a  vote  for 
Proviso.  every  candidate  for  the  party  so  marked.     Provided,  That  the  voter 

may  make  a  cross-mark  in  the  appropriate  square,  opposite  the  name 
°f  ^ne  party  of  his  choice,  in  the  straight  party  column  on  the  left  of 
marks.  ifa  ballot,  and  may  also  make  a  cross-mark  in  the  square  to  the  right 

of  any  individual  candidate  whom  he  favors,  in  such  case  his  vote 
shall  be  counted  for  all  the  candidates  of  the  party  in  whose  straight 
party  column  on  the  left  of  the  ballot  he  placed  such  cross-mark,  ex- 
cept for  those  offices  for  which  he  has  indicated  his  choice  by  marking 
in  the  squares  to  the  right  of  individual  candidates,  and  his  vote  shall 
be  counted  for  such  individual  candidates  which  he  has  thus  particu- 
larly marked,  notwithstanding  the  fact  that  he  made  a  mark  in  the 
straight  party  column  on  the  left  of  the  ballot :  Provided  further, 
That  in  any  case  where  more  than  one  candidate  is  to  be  elected  to 

Where  more  rf~         %  T     -\i     •  t  i       i      •  ?•    •  7     7  •         j 

than  one  can-   any  office,  the  voter  shall,  if  he  desires  to  divide  his  vote  among  can- 
8  to  be  didates  of  different  parties,  make  a  cross  (X)  mark  in  the  appro- 
priate square,  to  the  right  of  each  candidate  for  whom  he  desires  /<?• 
Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Aiv. 

148 


STATUTES — ELECTIONS*  Sees.  560-561 

vote,  not  exceeding  the  total  number  to  be  elected  for  such  office,  and 
no  vote  shall  be  counted  for  any  candidate  in  such  group  not  indi- 
vidually marked,  notwithstanding  the  mark  in  the  party  square. 

If  he  desires  to  vote  for  an  entire  group  of  Presidential  electors,  he  Presidential 
may  place  a  cross-mark  in  the  appropriate  square,  at  the  right  of  the  *lector»- 
name  of  the  party  of  his  choice.     If  he  desires  to  divide  his  vote 
among  candidates  from  different  groups  of  Presidential  electors,  he 
shall  make  a  cross-mark  in  the  appropriate  square,  to  the  right  of  the 
name  of  each  candidate  for  Presidential  elector  for  whom  he  desires  to 
vote  :     Provided,   That  a  mark  in  the  straight  party  column,  opposite  Proyiao. 
the  name  of  the  party  of  his  choice,  shall  also  be  counted  as  a  mark 
for  each  Presidential  elector  nominated  by  such  party. 

He  may  vote,  according  to  the  above  provisions,  for  the  candidate  names  riot0fn 
of  his  choice  for  each  office  to  be  filled ,  according  to  the  number  of  ballot, 
persons  to  be  voted  for  by  him  for  each  office,  or  he  may  insert  in  the 
blank  space  provided  therefor,  in  accordance  with  section  fourteen  of  Questions  sub- 
this  act,  any  name  not  already  on  the  ballot.     And  in  case  of  a  ques-  people.  ° 
tion  submitted  to  the  vote  of  the  people,  he  may  mark  in  the  appro- 
priate margin  or  space  a  cross  (X) ,  opposite  the  answer  which  he  de-  when   entitled 
sires  to  give.     In  all  cases  where,  by  existing  laws,  a  voter  is  entitled  {S,™ote  fo?a n 
to  cast  more  than  one  vote  for  a  single  candidate,  he  shall  place  in  the  Jingle  candi- 
appropriate  square,  instead  of  a  cross  (X),  a  number,  which  shall  in- 
dicate the  number  of  votes  to  be  counted  for  the  candidate  whose  name 
is  so  marked. 

Before  leaving  the  voting  shelf  or  compartment,  the  voter  shall  fold  Jjp^yjj*"* 
his  ballot,  without  displaying  the  markings  thereon,  in  the  same  way  ballot, 
it  was  folded  when  received  by  him,  and  he  shall  keep  the  same  so 
folded,  and  deposit  it  in  the  ballot  box  without  undue  delay,  and  shall 
quit  the  enclosed  space  immediately  thereafter.     (As  amended  1919, 
P.  L.  829,  §1.) 

§561.     Sec.  23.     No  voter  shall  be  allowed  to  occupy  a  voting  shelf  {£e°  vote?  {jJJJ 
or  compartment  already  occupied  by  another,  except  when  giving  the  r e  m  a  i  n    in 
help  allowed  by  section  twenty-six  of  this  act,  nor  to  remain  within  booth- 
said  compartment  more  than  three  minutes,  in  case  all  of  such  com- 
partments are  in  use  and  other  voters  are  waiting  to  occupy  the  same. 
No  voter  not  an  election  officer  shall  be  allowed  to  re-enter  the  en-r £- Inter*  en- 
closed space  after  he  has  once  left  it,  except  to  give  help  as  hereinafter  closed  space, 
described.    Each  voter's  name  shall  be  checked  on  the  voting  check-  checking  of 
list,  by  the  officer  having  charge  thereof,  as  soon  as  he  has  cast  hiB  na 
vote  in  the  manner  provided  by  law.     It  shall  be  the  duty  of  the  Dutv  of  judge 
judge  of  election  to  secure  the  observance  of  the  provision  of  this of 
section,  to  keep  order  in  the  room  in  which  the  voting  is  held,  and  to 
see  that  no  more  persons  are  admitted  within  the  enclosed  space  than 
are  allowed  by  this  act.     Each  party  which  has,  by  its  primary  meet-  ^J^JJjg 
ing,  caucus,  convention,  or  board,  sent  to  the  proper  office  a  certificate  ed. 
of  nomination,  and  each  group  of  citizens  which  has  sent  to  the  proper 
office  a  nomination  paper,  as  provided  in  sections  two  and  three  of  this 
act,  shall  be  allowed  to  appoint  three  qualified  electors,  who  must  be  Eliglbllit7 .1 
three  electors  residents  of  the  division  in  which  they  are  authorized  to  act  watci 
as  watchers,  in  each  voting  place,  without  expense  to  the  county ;  one 

Hote.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

149 


Sees.  561-564  ^  STATUTES  —  ELECTIONS. 

certificate.       of   whom   shall   be   allowed  to  remain    in    the  room  outside  of  the 

enclosed  space.     Each  watcher  shall  be  provided  with  a  certificate 

from  the  county  commissioners,  stating  his  name,  the  names  of  the 

persons  who  have  appointed  him,  and  the  party  or  policy  he  repre- 

sents ;  and  no  party  or  policy  shall  be  represented  by  more  than  one 

TO  be  showa  watcher  in  the  same  voting  room,  at  any  one  time.     Watchers  shall 

when  required.  be  required  to  show  their  certificates  when  required  to  do  so.     Until 

the  polls  are  closed,  no  person  shall  be  allowed  in  the  room  outside  of 

the  said  enclosed  space,  except  the  watchers,  voters,  not  exceeding  ten 

at  any  one  time,  who  are  awaiting  their  turn  to  prepare  their  ballots, 

and  peace  officers  when  necessary  for  the  preservation  of  the  peace. 

Electioneering  No  person  when  within  the  voting  room  shall  electioneer  or  solicit 

forbidden.         votes  for  any  party  or  candidate,  nor  shall  any  written  or  printed 

matter  be  posted  up  within  the  said  room,  except  as  required  by  law. 

Who  may  rot*  When  the  hour  for  closing  the  polls  shall  arrive,  all  persons  within  the 

?orecrioring.hour  enclosed  space,  who  have  received  ballots  but  have  not  yet  deposited 

them,  shall  be  required  to  mark  and  deposit  their  ballots  forthwith, 

but  no  other  person  shall  be  allowed  to  vote.    (As  amended  1903, 

P.  L.  213,  §1.) 

orandum'of  ^v      §562.    Sec.  24.     No  list  or  memorandum  of  the  names  of  voters, 
ters  shall  be  ma**  except  such  lists  as  are  expressly  authorized  by  law,  shall    be    made 


within  the  voting  room  by  any  person  or  officer,  nor  shall  any  list  or 
are  authorized,  memorandum  of  *  *  *  *  the  ballots  be   made  or  kept,  except  such 
lists  as  are  expressly  authorized  by  law  :     Provided,  That  any  voter 
may  make  a  memorandum  of  *  *  *  *  his  own  ballot,  and  the  watchers 
may    keep    their  poll  books  and  challenge  lists.     After  the  closing 
of    the    polls    and     before    the  ballot  boxes  are   opened,  all  the 
Lists  of  num-  ^sts  °^  voters  uPon  which  the  numbers  **  *  *  are  recorded,  *  *  *  * 
bered  °v  oteTs  shall  be  placed  in  separate  sealed  covers,  properly  marked,  and  the 
before^baT/ot  s^uks  of  all  the  ballots  used,  together  with  all  unused  ballots  and  the 
boxes  »r«  opened,  ballot-check  list,  shall  also  be  enclosed  in  a  sealed  package  properly 
Also  stubs,  un-  designating  the  voting  place,  which  package  shall  be  sent  to  the 
bano?acb°ek-St  proper  office  as  required  by  law  in  the  case  of  the  ballots  cast,  and 
These  packages  neither  the  said  package  nor  the  said  lists  of  voters  shall  thereafter 
nottobeopened  be  opened,  except  by  the  return  iudges,  or  in  the  case  of  a  contest, 

except   m    cer-  j          1  *.  .       .   •      •   j-    ,• 

tain  cases.        or  upon  the  order  or  a  court  of  competent  jurisdiction. 

NO  ballots  tob«  §563.  Sec.  25.  No  person,  other  than  the  election  officers,  shall  take 
votingepiace0m°r  remove  any  ballot  from  the  voting  place.  If  any  voter 

inadvertently  spoils  a  ballot  he  may  obtain  another  upon  returning 
spoiled  ballots.  the  spoiled  one.  The  ballots  thus  returned  shall  be  immediately 
Returned  bai-  canceled,  and  at  the  close  of  the  polls  shall  be  secured  in  an  en- 
kneeled*11  **  velope,  sealed  and  sent  to  the  proper  office  as  required  by  law  in  the 

case  of  the  ballots  cast. 

Howroter  may      §564.     Sec.  26.  If  anyvoter  declares  to  the  judge  of  election  that, 

in^^pafratiS  by  reason  of  any  disability,  he  desires  assistance  in  the  preparation  of 

of  his  ballot.      hjg  ballot,  he  shall  be  permitted  by  the  judge  of  election  to  select  a 

qualified  voter  of  the  election  district  to  aid  him  in  the  preparation  of 

his  ballot,  such  preparation  being  made  in  the  voting  compartment. 

Note.—  In  so  far  as  this  act  rofers  to  nomination  see  also  Primary  Act. 

150 


STATUTES — ELECTIONS  SeCS.  565-566 

§565.  Sec.  27.  If  a  voter  has  marked  his  ballot  otherwise  than  as  Ballot*  not  to 
directed  by  this  act,  so  that  for  any  reason  it  is  impossible  to  de-  ** counted< 
termine  the  voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  Defective  t>ai- 
not  be  counted  for  such  office  ;  but  the  ballot  shall  be  counted  for  all  counted*7  for 
other  offices  for  which  the  names  of  candidates  have  been  properly  JJ^n  caudi~ 
marked. 

No  ballot  without  the  official  endorsement  shall,  except  as  herein  None  but  of- 
otherwise  provided,  be  allowed  to  be  deposited  in  the  ballot  box,  and  JhaSi  ballb^ 
none  but  ballots  provided  in  accordance  with  the  provisions  of  this  deposited, 
act  shall  be  counted.     Ballots  not  marked,  or  improperly  or  defect- Defective  bai- 
ively  marked,  shall  be  endorsed  as    defective,  but  shall  be  preserved  en^^^g    JJJ 
with  the  other  ballots.     If  any  ballot  appears  to  have  been  obtained  preserved, 
otherwise  than  as  provided  in  this  act,  the  judge  of  election  shall  ^"JJilgaii^to 
transmit  such  ballot  to  the  district  attorney,  without  delay ,  together  be     sent     to 
with  whatever  information  he  may  have  tending  to  the  detection  of  SJfyfetc.  att°r 
the  person  who  deposited  the  same.  (As  amended  1903,  P.L.  338,  §4.) 

§566.     Sec.  28.     After  the  polls  are  closed,  the  election  officers  Election    offl- 
oiily  shall  remain  in  the  voting-room  within  the  guard  rail,  and  shall  Jemain^within 
there  at  once  proceed  to  count  the  votes.     Such  counting  shall  not  * "fjg^j,1]^^1 
be  adjourned  or  postponed  until  it  shall  have  been  fully  completed,  counting  not  to 
A  record  shall  first  be  made  of  the  number  of  the  last  ballot  cast ;  the  be  adjourned, 
officers  in  charge  of  the  voting  check-list  shall,  in  the  presence  of  the  Duties  of  eiec- 
other  officers  and  watchers,  count  in  a  distinct  and  audible  voice  the 
names  checked  on  the  said   list,  and  announce  the  whole  number 
thereof  ;  and  the  list  of  voters,   the  stubs  of  ballots  used,  and  all  Onused ballots, 
unused  ballots.,,  shall  then  be  sealed  up,  as  required  by  section  twenty-  Jeaiedu£ 
four  of  this  act.     The  ballot-box  shall  then  be  opened  by  the  in-  Baiiot-boxes  to 
spectors,  the  ballots  taken  therefrom,  and  audibly  counted,  one  D7 
one,  by  them,  and  when  the  count  is  completed,  the  whole  number  of 
ballots  cast  shall  be  announced ;  and  the  counting  of  the  number  of 
votes  received  by   each  person  voted  for  shall  then   proceed.    The 
judge,  in  the  presence  of  the  inspectors,  shall  read  aloud  the  name  or  ni 
names  marked  or  inserted  upon  each  ballot,  together  with  the  party 
name,  or  political  appellation,  under  which  each  vote  was  cast,  and 
the  answers  marked  thereon  to  the  questions  submitted,  if  any  ;  and 
the  clerks  shall  each  carefully  enter  each^  vote  as  read,  and  keepDutJ°f 
account  of  the  same  in  tally-papers  prepared  for  the  purpose.     It 
shall  be  unlawful  for  either  judge  or  inspector  while  counting  the 
ballots  or  the  votes  thereon,  to  have  in  his  hand  any  pen,  pencil,  or 
stamp  for  marking  ballots. 

All  ballots,  after  being  removed  from  the  box,  shall  be  kept  within  Janoui 
the  unobstructed  view  of  those  present  in  the  voting-room,  so  that  riew. 
they  may  be  able  to  see  all  the  marks  on  each  ballot,  but  out  of  their 
reach,  until  they  are  placed  in  the  ballot-box  as  required  by  law. 

A  full  return  shall  be  made,  in  the  manner  now  provided  by  law, 
of  all  votes  cast ;  and  such  returns,  as  well  as  those  made  by  the 
judges  of  the  courts,  shall  state  in  every  case  the  number  of  votes  cast 
for  each  candidate  by  each  political  party  or  body  of  which  such  can- 
didate is  a  nominee,  as  the  same  shall  appear  upon  the  ballots  cast.  a 
The  total  vote,  as  soon  as  counted,  shall  be  publicly  announced.           nouncement. 
Note.-In  so  far  as  thi§  act  refers  to  nomination  sea  also  Primary  Act 

151 


Sees.  566-569  STATUTES — ELECTIONS. 

Duties  of  police     It  shall  be  the  duty  of  the  police  officers,  constables,  and  deputy 
•tobfeg'etc.COn "constables,  now  required  by  law  to  be  present  at  the  polls,  to  remain 
in  the  voting-room,  but  outside  of  the  guard-rail,  while  the  votes  art 
when      peace  being  counted,  and  preserve  order  therein.     No  person,  except  the 
eiSer™  with2  **&  peace  officers  when  necessary  for  the  preservation  of  the  peace, 
guard-rail.       or  persons  acting  by  their  authority,  shall  enter  into  the  space  within 
the  guard-rail,  or  converse  with  any  election  office/,  in  any  way,  after 
the  polls  are  closed  and  until  the  counting  of  the  votes  has  been  com- 
pleted.    (As  amended  1903,  P.  L.   338,  §5.) 

Contested  «ieo-      §  567.   Sec.  29.     Whenever,  in  any  contested  election,  the  tribunal 

tion.  trying  the  case  shall  decide  that  the  ballots  used  in  one  or  more 

election  districts  were,  by  reason  of  the  omission ,  addition,  misplacing, 

mis-spelling,  or  mis-statement  of  one  or  more  titles  of  offices,  or  names 

of  candidates,  or  parties  or  policies  represented  by  them,  so  defective 

as  to  the  office  in  contest  as  to  be  calculated  to  mislead  the  voters  in 

regard  to  any  of  the  candidates  nominated  for  the  said  office,  and  that 

«? ndef*  otivV  fc^e  defective  condition  of  the  said  ballots  may  have  effected  the  result 

tribunal    shall  of  the  entire  election  for  the  said  office,  the  said  tribunal  shall  declare 

fnvalid  electl°n  fcne  election  to  be  invalid  as  regards  the  said  office,  and  shall  report 

their  decision  to  the  proper  officer  or  officers  who  are  now  by  law 

Hew  vacancies  authorized  to  fill  vacancies  occurring  in  such  office,  who,  upon  receipt 

Termboffiale£'  °^  suc^  notice>  sna^  without  delay  proceed  to  appoint  a  suitable  per- 

pointment.       son  or  persons  to  fill  the  vacancies  thus  created,  and  the  person  or 

persons  so  appointed  shall  continue  in  office  until  the  next  election 

succeeding   his   appointment  at  which  such   office   is   now   by   law 

required  to  be  filled.     (As  amended  1897,  P.  L.  23,  §1.) 

Se°r-        §568'      ?6C<  ^'      ^  V°ter  wh°  slia11  all°W  ^is  ])allot  to  be  seen  b^  an.v 
person,  or  person ,   with  the    apparent    intention    of  letting  it  be  known  how 

iSraf  ne  *s  about  to  vote,  or  shall  cast  or  attempt  to  cast  any  other  than  the 
official  ballot  which  has  been  given  him  by  the  proper  election  officer, 
or  shall  falsely  declare  to  a  judge  of  election  that,  by  reason  of  any 
disability,  he  is  unable  to  mark  his  ballot,  and  on  that  account 
desires  assistance  in  marking  it,  or  shall  wilfully  violate  any  other 
provision  of  this  act;  or  any  person  who  shall  interfere  with  any 
voter  when  inside  said  enclosed  space  or  when  marking  his  ballot,  or 
who  shall  endeavor  to  induce  any  voter  before  depositing  his  ballot  to 
show  how  he  marks  or  has  marked  his  ballot ;  or  any  helper  who 
•hall  attempt  to  influence  the  vote  of  the  voter  whom  he  is  assisting, 
or  who  shall  mark  a  ballot  in  any  other  way  than  that  requested  by 
the  voter  whom  he  is  assisting,  or  who  shall  disclose  to  any  one  the 
contents  of  any  ballot  which  has  been  marked  with  his  help,  except 
when  required  so  to  do  in  any  legal  proceedings,  shall  be  guilty  of  a 
Fine  and  peu  misdemeanor,  and  upon  conviction  shall  be  sentenced  to  pay  a  fine  not 
alty<  to  exceed  one  hundred  dollars,  or  to  undergo  an  imprisonment  for  not 

more  than  three  months,  or  both,  at  the  discretion  oi  the  court.     (As 

Personsdestro    amended  1903'  P'  L'  338'    §6') 

insists  ofScan-  §569.  Sec.  3 1 .  Any  person  who  shall ,  prior  to  an  election,  wilfully 
©instruction'  deface  or  destroy  any  list  of  candidates  posted  in  accordance 
etc.,  shall  b»  with  the  provisions  of  this  act,  or  who  during  an  election  shall  wilfully 
demeanor!1  mi8"  deface,  tear  down,  remove  or  destroy  any  card  of  instruction  or  specimen 
Note.— In  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

152 


STATUTES — ELECTIONS  SeCS.  569-574 

ballot  printed  or  posted  for  the  instruction  of  voters,  or  who  shall 
during  an  election  wilfully  remove  or  destroy  any  of  the  supplies  or 
conveniences  furnished  to  enable  a  voter  to  prepare  his  ballot,  or  shall 
wilfully  hinder  the  voting  of  others,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction,  shall  be  sentenced  to  pay  a  fine  not  exceeding  Penalty, 
one  hundred  dollars,  or  to  undergo  an  imprisonment  for  not  more 
than  three  months,  or  both,  at  the  discretion  of  the  court. 

§570.     Sec.  32.     Any  person  who  shall  falsely  make  or  wilfully  de-  Pewonsdeitroy 
face   or    destroy   any  certificate  of  nomination  or  nomination  paper,  JXewetc**!!! 
or  any  part  thereof,  or  any  letter  of  withdrawal,  or  file  any  certificate  «".  f1"1^  'ot  * 
of  nomination  or  nomination  paper,  or  letter  of  withdrawal,  knowing  m! 
the   same  or  any  part  thereof  to  be  falsely  made,  or  suppress  any  Fraudulent cer- 
certificate   of  nomination   or  nomination  paper,  or  any  part  thereof,  *jj!Jlte8andpar 
which  has  been  duly  filed,  or  forge  or  falsely  make  the  official  endorse- 
ment on  any   ballot,  or  wilfully  destroy   or  deface  any  ballot,  or 
wilfully  delay  the  delivery  of  any  ballots,  shall  be  guilty  of  a  mis- 
demeanor, and   upon  conviction,  shall  be  sentenced  to  pay  a  fine  not 
exceeding  one  thousand  dollars,  or  to  undergo  an  imprisonment  for  Penalty, 
not  more  than  one  year,  or  both,  at  the  discretion  of  the  court. 

§571 .     Sec.  33.     Any  public  officer  upon  whom  a  duty  is  imposed  by  Public   officers 
this  act  who  shall    negligently    or   wilfully    fail  to  perform  such 

J        A  i  i         TI  f  •  .-|  •!  P       11  i»  •,        • 


duty,  or  who  shall  negligently  or  wilfully  perform  it  in  such  a  ivay  duties  shall  be 
as  to  hinder  the  objecto  of  this  act,  or  who  shall  negligently  or  wilfully  JXnea.-ar*  m 
violate  any   of  the  provisions  thereof,   shall   be  guilty  of  a  misde- 
meanor, and   upon  conviction,  shall  be  sentenced  to  pay  a  fine  not 
exceeding  one  thousand  dollars,  or  to  undergo  an  imprisonment  for  Penalty, 
not  more  than  one  year,  or  both,  at  the  discretion  of  the  court. 

§572.     Sec.  34.     Any  printer  employed  by  the  commissioners  of  any  printers  vioiat- 
county   to    print   any    official    ballots,   or    any  person  engaged  in  to  this  act  in 
printing  the  same  who  shall  appropriate  to  himself,  or  give,  01  deliver,  K.iiPoats?etcn,«hau 
or  knowingly   permit  to  be  taken,  any  of  said  ballots  by  any  other  misdemwnoa- .* 
person  than  such  commissioners  or  their  duly  authorized  agent,  or 
shall  wilfully  print  or  cause  to  be  printed  any  official  ballot  in  any 
other  form  than  that  prescribed  by  such  commissioners,  or  with  any 
other  names  thereon,  or  with  the  names  spelled  otherwise  than  as 
directed  by  them,  or  the  names  or  printing  thereon  arranged  in  any 
other  way  than  that  authorized  and  directed  by  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction,  shall  be  sentenced  to  pay  a 
fine  not  exceeding  one  thousand  dollars,  or  to  undergo  an  imprison-  penalty, 
ment  for  not  more  than  five  years,  or  both ,  at  the  discretion  of  *he  court. 

§  573.     Sec.  35.     Any  person  other  than  an  officer  charged  by  law  ^JJJJ^jjJ  ^ 
with  the  care  of  ballots,  or  a  person  entrusted  by  any  such  officer  with  gons°nJt  entitle*] 
the  care  of  the  same  for  a  purpose  required  by  law,  who  shall  have  £eJ5,toad" 
in  his  possession  outside  the  voting  room  any  official  ballot,  or  any  meaner, 
person  who  shall  make  or  have  in  possession  any  counterfeit  of  an 
official  ballot,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction, 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  thousand  dollars,  Penalty, 
or  to  undergo  an  imprisonment  for  not  more  than  one  year,  or  both, 
at  the  discretion  of  the  court. 

§574.     Sec.  36.     All  laws  and  parts  of  laws  inconsistent  herewith  iiiiiimciim 
shall  be  and  the  same  are  hereby  repealed. 

Note — IP  so  far  as  this  act  refers  to  nomination  see  also  Primary  Act. 

153 


Sec.  575. 

COUNTIES  AND  COUNTY  SEATS  IN  PENNSYLVANIA. 


COUNTIES. 

•e 

V 

Population  in  1910. 

Population  in  1920. 

CO 

V 

8 

«B 

.s 
2 
•5 

COUNTY  SEAT. 

When  laid  out. 

Adams 

1800 

34319 

34,583 

339  840 

1780 

Allegheny  

1788 

1,018,463 

1,185,753 

480  480 

Pittsburgh             

1765 

1800 

67  880 

75  568 

391  280 

1804 

Beaver  

1800 

78,353 

111,621 

289  280 

1791 

Bedford 

1771 

38  879 

38,277 

641  920 

Bedford 

1766 

Berks  

1752 

183,222 

200,854 

576  000 

Reading            

1748 

Blair                  .      ... 

1846 

108,858 

128  334 

326  900 

Hollidaysburg 

1820 

Bradford 

1810 

54  526 

52  157 

743  680 

1812 

Bucks            

1682 

76,530 

82,476 

380  800 

1778 

Butler 

1800 

72  689 

77  270 

520  960 

1803 

Cambria      

1804 

166,131 

197,839 

426  240 

1806 

1860 

7  644 

6  297 

243  840 

IRfil 

Carbon        

1843 

52,846 

62,565 

257*280 

Mauch  Chunk        .    ... 

1815 

Centre 

1800 

43  424 

44  304 

785  280 

17qe 

Chester  

1682 

109,213 

115,120 

488  320 

West  Chester          

1786 

1839 

36,638 

36,170 

366  080 

Clarion        

1840 

Clearfield  

1804 

93,768 

103,236 

723  200 

Clearfield                  .... 

1805 

Clinton 

1839 

31  545 

33,555 

548  480 

1833 

Columbia  

1813 

48,467 

48,349 

306  560 

1802 

Crawford 

1800 

61  565 

60,667 

643  200 

Meadville 

1795 

Cumberland  

1750 

54,479 

58,578 

354  560 

Carlisle                 

1751 

Dauphin 

1785 

136  152 

153  116 

334  720 

1785 

Delaware  

1789 

117,906 

173,084 

124  800 

Media                 

1849 

Elk 

1843 

35  871 

34,981 

495  360 

1843 

Erie  

1800 

115,517 

153,586 

494  080 

Erie                   ,  . 

1795 

Fayette 

1783 

167,449 

188,104 

531  200 

1767 

Forest  

1848 

9,435 

7,477 

275  840 

Tionesta               

1852 

Franklin  .    . 

1784 

59  775 

62,275 

483  840 

1764 

Fulton 

1850 

9  703 

9  617 

282  880 

1786 

Greene  

1796 

28  882 

30,804 

396*800 

1796 

Hu  n  t  i  n  gdon 

1787 

38  304 

39  848 

575  360 

1767 

Indiana  ....            ... 

1803 

66210 

81,111 

529  920 

1805 

1804 

63  090 

62  104 

413  440 

Brookville 

1830 

Juniata    

1831 

15013 

14,464 

260  480 

Mifflintown 

1791 

Lackawanna  

1878 

259,570 

286,311 

271  360 

Scranton     

1841 

Lancaster  .        .      ... 

1729 

167  029 

173,797 

622  720 

1730 

1850 

70  033 

85  545 

240  640 

New  Castle 

1802 

Lebanon  

1813 

59  565 

63,152 

227  840 

1750 

Lehigh 

1812 

118  832 

143  101 

232  960 

1751 

Luzerne            

1786 

343  186 

391,001 

592  640 

Wilkes-Barre 

1783 

1795 

80  813 

83  100 

776  320 

1796 

McKean           ... 

1804 

47  868 

48,934 

644  480 

1807 

Mercer  

1800 

77,699 

93,788 

426  240 

Mercer          

1803 

Mifflin       

1789 

27,785 

31,439 

215  680 

1790 

Monroe 

1836 

22  941 

24295 

380  800 

1806 

Montgomery      

1784 

169,590 

199,310 

309  760 

1784 

M  on  tour 

1850 

14  868 

14  080 

89  600 

Danville 

1790 

Northampton. 

1752 

127  667 

153,506 

244  480 

Easton 

1738 

Northumberland 

1772 

111  420 

122  079 

295  680 

1772 

Perry  .  .  . 

1820 

24,136 

22,875 

304  640 

New  Bloomfield 

1822 

Philadelphia 

1682 

1  549  008 

82  603 

Philadelphia 

1682 

Pike  

1814 

8,033 

6,318 

403  840 

Milford 

1800 

Potter 

1804 

29  729 

21  089 

685  440 

1807 

Schuylkill  

1811 

207,894 

217,754 

537  600 

Potts  ville 

1816 

Snyder 

1855 

16  800 

17  129 

202  880 

Middleburg 

1800 

Somerset  

1795 

67,717 

82,112 

705  280 

1795 

Sullivan 

1847 

11  293 

9,520 

277  780 

Laporte 

1850 

Susquehanna.  .  . 

1810 

37,746 

34,763 

529  920 

1811 

Tioga 

1804 

42,829 

37,118 

719  360 

Wellsboro 

1806 

Union  

1813 

16,249 

15,850 

201,600 

1785 

Venango       .  .  . 

1800 

56  359 

59  184 

483  840 

Franklin 

1795 

Warren 

1800 

39  573 

40  024 

584  960 

1795 

Washington 

1781 

143  680 

188  992 

568  960 

1781 

Wayne  

1796 

29,236 

27,435 

478  080 

Honesdale                 .    .  . 

1826 

Westmoreland 

1773 

231,304 

273,568 

669  440 

1782 

Wyoming  .  .  . 

1842 

15,509 

14,101 

237,920 

Tunkhannock       

1790 

York...... 

1749 

136,405 

144,521 

589  440 

York 

1741 

154 


Sec.  576 
ELECTORAL  VOTE  BY  STATES  FOR  PRESIDENT— 1888-1920. 


STATES 

1888 

1892 

1896 

1900 

1904 

1908 

1912 

1916 

1920 

P. 

4) 

M 

K 

Cleveland-Dem. 

Cleveland-Dem. 

Harrison-Rep. 

i 

McKinley-Rep. 

« 

McKinley-Rep. 

! 

« 

Roosevelt-Rep. 

Parker-Dem. 

Taft-Rep. 

Bryan-Dem. 

Wilson-Dem. 

d 

0) 

Roosevelt-Prog. 

Wilson-Dem. 

ci 
P£ 

! 
& 

Harding-Rep. 

Cox-Dem. 

Alabama  

17 

11 

.  . 

11 

11 

11 

11 

12 
3 

12 

^ 

'3 

12 

Arkansas  

7 

8 

S 

R 

q 

q 

9 

q 

9 

'e 

14 

California  
Colorado  

8 
3 

'6 
3 

4 

8 

'« 

3 

4 

1 

'4 

8 
'fi 

1 
4 

9 

'fi 

'4 

10 
5 
7 

10 

'? 

'fi 

2 

i 

7 

11 

13 
6 

"i 

13 
6 
7 
3 

Delaware  

3 

'  4 

3 

'4 

3 

'  h  '• 

3 

•  mr 

8 

6 

"fi 

Florida 

Georgia 

12 

13 

'  ^ 

13 

s 

13 
3 

13 

8 

'3 

27 
15 
13 
10 

'e 
i 

16 
14 
11 

18 
3 
8 
3 
4 
12 

13 

'  s 

13 

14 

/| 

14 

4 

'-i 

Idaho 

Illinois  
Indiana  
Iowa  ,  

22 
15 
13 
q 

24 

15 

13 

io 

24 
15 
13 

10 

1 
8 

24 
15 
13 
10 

'e 

8 
15 
14 

q 

13 
9 

'i 

io 

27 
15 
13 
10 

'e 

2 

16 
14 
11 

18 
^ 

13 
9 

'G 

10 

29 

15 
13 
10 
13 
10 
6 
8 
18 

10 
IS 
4 

•• 

15 

12 

10 
13 
10 

*8 

10 
IS 

4 

20 
15 
13 

'e 

18 
15 
12 

29 
15 
13 
10 

'e 

s 
18 
15 
12 

18 
4 

13 
10 

io 

13 

8 

'8 

13 

8 

'.8 

's 

'e 

15 
9 

9 

12 

'6 
8 
15 
14 
9 

6 

Maryland        

14 
13 

7 

Michigan  

9 

16 

9 
17 

'  3 

•• 

4 

10 

9 
17 
3 

8 
3 

's 

4 
10 

9 
17 
3 

'3 

Missouri  

Nebraska  
Nevada  
New  Hampshire.  .  . 

5 
3 

4 

'9 

10 

8 

'4 

'3 

-• 

'4 

12 

8 

3 

8 
3 
4 
14 

3 

•• 

8 

3 

4 

'a 

- 
14 

8 
3 
4 
14 

a 

•• 

vr__.  Vrwlr 

36 

86 

?6 

?6 

30 

39 

45 

45 

45 
12 

5 

12 

11 

11 
1 
1 

'i 

22 

'i 

'3 
23 

11 

'  3 

11 

4 

12 

4 

12 

12 
«> 

•• 

12 

Ohio  
Oklahoma  

23 

23 

23 

23 

*7 

'9 

21 
10 
5 

-5 

9 

38 
*5 

21 
10 

9 

'5 
38 
5 

'5 

'? 
13 

24 
10 
5 
38 
5 

'5 
12 

'4 
4 

'? 
8 
13 
3 

404 

'9 

20 
12 

in 

127 

? 

3 

32 
4 

4 

i 

4 
32 
4 

'9 
4 
12 
15 
3 

3! 

'4 
'3 

-9 

4 
34 
4 

4 

*9 

4 
34 
4 

4 

Pennsylvania  
Rhode  Island  
South  Carolina.  .  .  . 

30 

4 

'9 

'9 

12 
13 

12 
15 

'-• 

12 
15 

'3 

12 
18 

'3 

12 
18 

12 
20 

'4 

12 
20 

12 

7 
1 

3 

Texas 

Utah  

Vermont  
Virginia  

•• 

12 

12 

4 
4 

4 

12 

4 

4 

'4 

12 

-6 

12 

'S 

12 

12 

'  7 

Washington  

West  Virginia  
Wisconsin  
Wyoming  

ii 

6 

b 
12 

'3 

12 

'3 

12 
3 

13 
^ 

13 

3 

13 
T 

277  254 

Totals  

233 

168 

277 

145J  22 

271 

176 

292 

155 

336 

140 

321 

162 

435 

8 

88 

No,  States  Voting 

38 

44 

45 

45 

45 

46 

48 

48 

48 

155 


ABODE, 

see  Residence. 

ADAMS  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  526. 
state  senatorial  district,  523. 

ADVERTISEMENT, 

election  proclamation  issued  by  sheriff,275  to  279,548 
primaries,  county  commissioners  to  publish  notice  of 
offices  to  be  filled  at,  494. 

AFFIDAVITS, 

age,  voting  on,  at  elections  in  boroughs  and  town- 
ships, 44,  47. 

,  (same)  at  primaries,  145. 

assistance,  in  marking  ballots,  at  primaries,  157,  501 
challenged,  boroughs  and  townships,  at  elections, 
56,  57. 

-..,  (same)  at  primaries,  149,  503. 

,   (same)  registration,  second  class 

cities,  317,  318,  322. 

-..,    (same)    registration,    third    class 

cities,  336,  337,  340. 

election  officers,  disposition  of,  at  elections,  104,  112, 
113. 

~- (same)  at  primaries,  169,  172,  504. 

,  (same)  elections  or  primaries,  8,  10, 

11,  12. 
electors,  disposition  of,  at  elections,  112,  113. 

,  (same)  at  primaries,  171,  172,  504. 

naturalization  certificate,  registration,  second  class 

cities,  317,  324. 
naturalized  citizen,  unregistered  in  boroughs  and 

townships,  at  elections,  46,  47,  48. 
overseers  at  elections,  243. 
political  parties  adopting  a  certain  name  to  file — ,  etc. 

with  prothonotary,  448,  449,  541. 
primaries,  nomination  petitions,  397  to  401,  496. 
residence  of  elector,  boroughs  and  townships,  un- 
registered voter,  43. 

unregistered  elector,  boroughs  and  townships,  elec- 
tion officers  guilty  of  a  crime  for  receiving  votes 
without—,  42,  51. 

unregistered  voter  in  boroughs  and  townships,  elec- 
tions, 41  to  51. 
witnesses,  disposition  of,  at  elections,  112,  113. 

(same,)  at  primaries,  171,  172,  504. 

.. ,  (same)  for  unregistered  voter  in 

boroughs  and  townships,  41  to  47,  51. 
woman  who  is  registered  and  subsequently  marries 
may  vote  under  certain  conditions,  50-A,  52-A, 
145-A,  147-A. 
AFTER  PRIMARY, 

nominations,  see  Elections-Candidates;  Primaries- 
Candidates. 

AGE, 

required  of  an  elector,  29. 

voting  on,  at  elections  in  boroughs  and  townships, 

44,  47,  49. 

,  (same)  at  primaries,  145. 

,  (same)  second  class  cities,  29,  315, 

324. 

,  (same)  third  class  cities,  29,  333. 

ALDERMAN, 

see  Justice  of  the  Peace. 

ALIENS, 

American  women  marrying — ,  loss  of  citizenship,  34. 
women  marrying  American  citizens,  35. 

ALLEGHENY  COUNTY, 

representative  congressional  districts,  519. 
state  representative  districts,  526. 
state  senatorial  districts,  524. 

ALTERNATE, 

delegates,  national  party  conventions,  election  of,  at 
primaries,  376,  383,  385,  491,  493,  494. 


INDEX 

(References  are  to  Sections) 

AMENDMENT, 
Pennsylvania  constitution-,  submitted  to  electors 

method  of  marking  answers  thereto,  84,  552 
United  States  constitution,  nineteenth-,  Wnen  suf- 


APPOINTMENT, 


«W"L 

see  also  Districts. 
representative  congressional  districts,  517  to  519 
state  representative  districts,  525  to  538 
state  senatorial  districts,  520  to  524. 

ARMSTRONG  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  senatorial  districts  to  meet  in   to 
adjust  consolidated  returns,  at  elections    lli-A 
.   .  ..........  ..(same)  at  primaries,  174-A. 

state  representative  district  527 
state  senatorial  district,  524. 
ARRANGEMENT, 
of  voting  booths,  ballot  boxes,  etc.,  17,  557. 

ASSESSMENT, 

of  taxes,  29,  30. 

ASSESSORS, 

duties,  boroughs  and  townships,  see  Registration. 

ASSISTANCE, 

marking  ballots,  at  elections,  66,  67,  561,  564. 
..........  ,  (same)  at  primaries,  157,  501. 

ATTORNEY-AT-LAW, 

incompatible  with  other  offices,  356. 

AUDITOR, 

see    also  Boroughs  Comptroller,    County  Auditor  , 

County  Controller,  Townships. 
incompatible  with  other  offices,  365,  369,  369-A. 

BALLOT  BOX, 

see  also  Ballots;  Contested  Elections;  Judge  of  Elec- 

tion. 
contents  of—,  at  close  of  elections,  104. 

..........  ,  (same)  at  primaries,  169,  504. 

destroy  contents  of,  before  holding  subsequent  elec- 

tion, 15. 

inspector  in  charge  of,  207,  203. 
opening  of,  after  closing  polls,  at  elections,  96,  566. 

..........  ,  (same)  at  primaries,  164,  504. 

......  ----  ,  same,  power  of  county  return  board 

at  elections,  128. 

____  ......  ,  (same)  power  of  common  pleas  court 

at  primaries,  181,  504,  505. 
repository  for,  after  elections,  105. 

........  ..,  (same)  after  primaries,  170,  504. 

sealing,  etc.  at  elections,  105. 

..........  ,  (same)  at  primaries,  170,504. 

six  feet  from  guard  rail,  17,  557. 

voter  to  deposit  ballot  in,  68,  89,  209,  527,  560. 

BALLOT  CHECK  LISTS, 

after  polls  close  at  primaries,  announce  number  of 

names  checked  in—,  162,  504. 
boroughs  and  townships,  at  elections,  to  be  returned 

to  Prothonotary,  112,  113. 
..........  ,  (same)  at  primaries,  to  be  returned 

to  County  Commissioners,  172,  504. 
cities,  second  and  third  class,  disposition  of,  at  elec- 

tions, 112,  113. 

..........  ,  (same)  at  primaries,  172,504. 

electors  name  to  be  added  to,—  if  unregistered  after 

he  has  established  his  right  to  vote  in  boroughs 

and  townships,  50,  210,  559.  \ 
federal  and  state  employes  registering  by  petition  in 

second  class  cities  must  sign—,  when  voting,  327. 
make  check  or  notation  in,  after  elector  has  received 

ballot  at  primary,  150. 


156 


INDEX 


(References  are  to  Sections) 


BALLOT  CHECK  LISTS  (Cont'd) 

mark  "B"  against  elector's  name  in — ,  after  he  has 
established  his  right  to  vote  and  has  been  given 
ballot,  65,  208,  559. 

state  and  federal  employes  registering  by  petition  in 
second  class  cities  must  sign — ,  when  voting,  327. 

BALLOTS, 

see  also  Ballot  Boxes,  Booths,  Contested  Elections, 
assistance  in  marking—,  at  elections,  66,67,561,564. 

,  (same)  at  primaries,  157,  501. 

cancelled,  announce  number  of,  at  primaries,161,504. 

.,  (same)  disposition  of,  at  elections,  112, 

113,  562,  563. 

,  (same)  at  primaries,  172,  504,  527. 

candidates  names  on — ,  arrangement  of,  at  elections, 
552. 

___,  (same)  at  primaries,  413- A,  495. 

,  (same)  opposite  name  of,  to  have 

certain  information  printed  on,  at  primaries, 
.  414,495. 
candidates,  terms  of  to  be  designated  on  ballots  under 

certain  conditions,  88. 
caption  on  back  of,  553. 
cast,  at  elections,  96. 

,  (same)  for  each  political  party,  at 

primaries,  164,  504. 
closing  polls,  who  shall  be  permitted  to  mark—,  after 

time  for  closing  polls  has  arrived,  92,  561. 
constitutional  amendments,  submitted  to  electors, 

method  of  marking  answers  thereto,  84,  552. 
court  decisions  as  to  marking,  85,  86. 
cross-marks  (X)  on  ballots,  at  elections,  70  to  87,  552. 

,  (same)  at  primaries,  158,  159,  495. 

deliver  elector  folded  ballot  after  he  has  established 

his  right  to  vote,  65,  559. 
description  of,  552,  553. 
elections,  candidates  names  on,  arrangement  of,  552. 

,  (same)  number  furnished  each  election 

district,  554. 

facsimile  signature  of  county  commissioners  on,  553. 
illustrations  showing  method  of  marking,  at  elections, 

74  to  82. 

increasing  indebtedness  of  municipalities,  84-A,  266-A 
lost,  to  be  replaced,  229,  556. 
marking  ballots,  at  elections,  70  to  84,  560,  565. 

,  (same)  at  primaries,  157  to  159,495,501. 

,  (same)  exceptions  in,  at  elections,  71 

to  84,  560,  565. 

,  (same)  after  time  for  closing  polls  has 

arrived,  92,  561. 

municipalities,  increasing  indebtedness,  84-A,  266-A. 
names  inserted  by  voter,  85,  560. 
officer  in  charge  of,  elector  to  give  name  and  residence 

to,  62,  559. 

official — ,  to  be  prepared  by  county  commissioners 
for  elections,  84-A,  269-A,  551,  553,  554. 

,  (same)  for  primaries,  500. 

package  containing—,  to  be  delivered  to  judge  of  elec- 
tion or  inspector,  226,  227. 

,  (same)  to  be  publicly  opened  by 

judge  of  election,  9,  558. 
,  (same)  unused,  stubs,  etc.,  disposi- 
tion of,  at  elections,  112,  113,  562,  563. 

,  (same)  at  primaries,  172,  504. 

party  ballot,  elector  entitled  to  ballot  of  his  party  as 

enrolled,  at  primaries,  143,  146,  503. 
party  ballots,  at  primaries,  number  issued  to  each 
party,  161,  500,  504. 

,  (same)  not  to  be  removed  from 

stubs,  except  by  election  officers,  at  primaries, 
153,  154,  503. 

,  (same)  only  qualified  electors  of 

party  to  have  name  as  candidate  thereof  print- 
ed on,  at  primaries,  412,  413,  496. 

,  (same)  to  be  bound  in  books  and 

furnished  election  districts,  at  primaries,  152, 
500. 

party  candidate,  method  of  marking — ,  at  primaries, 
158,  495. 


BALLOTS    (Cont'd) 

presidential  electors,  method  of  marking  ballot  for, 

at  elections,,  83,  552,  560. 

primary,    candidates   names   on,    arrangement   of, 
413-A,  495. 

,  (same)  to  be  prepared  and  furnished 

by  county  commissioners,  500. 
printer  violating  ballot  act  in  preparation  of—,  mis- 
demeanor, 572. 
recount,  by  county  return  board,  at  primaries,  181, 

182,  505. 

replace,  if  not  delivered,  lost  or  stolen,  229,  556. 
specimen,  to  be  mailed  to  judge  of  election  at  least 
four  days  before  election,  556. 

,  (same)  to  be  posted  in  voting  room 

and  given  to  voters  upon  request,  16,500,558. 

,  (same)  to  be  prepared  by  county 

commissioners,  for  elections,  554. 

,  (same)  for  primaries,  500. 

special  elections  or  questions  submitted  to  electors, 

method  of  marking  ballots,  84,  84-A,  266-A,  552. 

split  or  mixed  ticket,  method  of  marking,  70  to  82,560. 

spoiled,  disposition  of,  at  elections,  112,  113,  562,  563. 

,  (same)  at  primaries,  172,  500. 

.,  (same)  election  board  to  cancel  at 

elections,  69,  563. 

,  (same)  at  primaries,  154,  503. 

spoiled  in  marking,  voter  may  obtain  another  at  elec- 
tions, 69,  563. 

.,  (same)  at  primaries,  154,  503. 

spoiled,  make  record  of,  at  primaries,  161,  504. 
stickers  for,  to  be  prepared  by  county  commissioners 
when  necessary  for  substituted  candidate's  name 
at  elections,  468,  550. 
stickers  on,  at  elections,  85,  468,  550,  552. 

,  (same)  at  primaries,  158,  495. 

stolen,  to  be  replaced,  229,  556. 
straight  party  ticket  method  of  marking,  70,  71,  74 
to  82,  560. 

stubs,  number  of  party  ballots  issued  as  shown  by 
stubs,  at  primaries,  161,  504. 
stubs  of,  disposition  of.at  elections,  112, 113,562,563. 

,  (same)  at  primaries,  172,  500,  504. 

,  (same)  to  be  numbered  at  primaries, 

152,  500. 
unlawfully  obtained  to  be  transmitted  to  district 

attorney  by  judge  of  election,  239. 
unused,  disposition  of,  at  elections,  112,  113,  562,563 

,  (same)  at  primaries,  172,  500,  504. 

voter  shall  deposit  ballot  in  ballot  box,  68,  89,  560. 

BANKS, 

national,  prohibited  from  making  contributions  for 
election  expenses,  476. 

BEAVER  COUNTY, 

representative  congressional  districts,  519. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

..,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  1 74- A. 

state  representative  districts,  527. 
state  senatorial  districts,  524. 

BEDFORD  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111- A. 
,  (same)  at  primaries,  174-A. 

state  representative  districts,  527. 

state  senatorial  districts,  523. 

BERKS  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

..,  (same)  at  primaries,  174-C. 

state  representative  district,  527. 
state  senatorial  district,  520. 


157 


INDEX 


(References  are  to  Sections) 


BETTING, 

on  elections,  372. 

BLAIR  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  174-A. 

state  representative  districts,  528. 
state  senatorial  districts,  523. 

BOND  ISSUES, 

submitted  to  electors,  84,  84-A,  552. 

BOARD  OF  HEALTH, 

incompatible  with  other  offices,  355,  357. 

BOOTHS, 

cards  of  instructions  and  penalties  to  be  posted  in, 
16,  500,  558. 

elector  to  close  screen  or  door  of,  when  marking  bal- 
lot, 68,  560. 

length  of  time  voter  may  remain  in,  67,  561. 

number  required,  557. 

when  voter  may  re-enter  enclosed  space,  or  booth 
already  occupied,  67,  561. 

BOROUGHS, 

see  also  Districts;  Election  -Candidates;  Incompatible 
Offices;  Primaries-Candidates. 

assessors  and  assistant  assessors  pay  in,  307. 

auditor,  incompatible  with  other  offices,  364,  365. 

burgess,  incompatible  with  other  offices,  349, 350, 365, 
366. 

clerks  or  secretaries  of,  to  notify  county  commission- 
ers of  all  offices  for  which  candidates  are  to  be 
nominated  at  fall  primary,  390,  494. 

increasing  indebtedness  of,  84-A  266-A. 

officers,  certificate  of  election  for,  103. 

offices,  contested  elections  for,  133  to  136. 

„_,  (same)  disposition  of,  election  returns 

for,  114. 

._-,  (same)  nominations  of,  at  primaries, 
375,  388,  390,  491,  493,  494. 

registration  of  electors,  see  Registration. 

return  judges  duties  in  divided  boroughs  as  to  con- 
solidated returns,  107-A. 

tax  collector,  incompatible  with  other  offices,  365. 

treasurer,  incompatible  with  other  offices,  305. 

BRADFORD  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111- A. 

_7  (same)  at  primaries,  174-A. 

.state  representative  district,  528. 
state  senatorial  district,  522. 

BRIBERY, 

disqualifying  electors  for,  371. 

BUCKS  COUNTY, 

representative  congressional  district,  517. 
state  representative  district,  528.  j 
state  senatorial  district,  520. 

BUTLER  COUNTY, 

representative  congressional  district,  .5 19. 
state  representative  district,  528. 
state  senatorial  district,  524. 

CAMBRIA  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  528. 
state  senatorial  district,  523. 

CAMERON  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  528. 
state  senatorial  district,  523. 


CANCELLED  BALLOTS, 

see  Ballots. 

CANDIDATES, 

elections,  see  Elections- Candidates, 
expenses,  see  Expenses-Candidates, 
incompatible  with  that  of  registrar  in  second  class 

cities,  368. 

primaries,  see  Primaries-Candidates, 
terms  of,  to  be  designated  on  ballots  under  certain 

conditions,  88. 

CARBON  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  528. 
state  senatorial  district,  521. 

CARDS  OF  INSTRUCTIONS, 

destroying  at  elections,  569. 

post  in  booths,  also  about  voting  room  and  give  to 
voters  upon  request,  16,  500,  558. 

CARDS  OF  PENALTIES, 

post  in  booths,  also  about  voting  room  and  give  to 
voters  upon  request,  16,  500,  558. 

CENTRE  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  528. 
state  senatorial  district,  523. 

CENSUS, 

of  various  counties,  575. 

CERTIFICATES, 

of  election,  constable  to  serve,  25,  103. 
of  election,  for  person  chosen  as  an  inspector,  judge, 
borough  or  township  officer,  103. 

,  (same)  for  school  directors  issued 

by  clerk  of  Quarter  Sessions,  255. 

.,  (same)  for  school  directors  issued 

by  prothonotary,  274. 

,  (same)  third  class  city  charter,  115. 

watchers,  247,  249,  254. 

CHALLENGED, 

electors,  in  boroughs  and  townships,  at  elections,  41, 


54  to  57. 


.,  (same)  at  primaries,  149,  503. 
.,  (same)  in  cities,  at  elections,  52. 
.,  (same)  at  primaries,  147,  149,  503. 
.,  (same)  in  general  at  elections,  54  to 


58. 

non-registered  elector  in  boroughs  and  townships 
may  be,  for  tax  receipt,  at  elections,  57. 

CHANGING  POLLING  PLACES, 

see  Districts. 

CHARTERS 

third  class  cities,  election  for,  returns,  115. 

CHESTER  COUNTY, 

representative  congressional  district,  517. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representative  districts,  528. 
state  senatorial  districts,  521. 

pLjii  nRFN 

father  or  mother  naturalized  while  children  are  min- 
ors, 36. 

CITIES, 

see  also  Districts;  Elections-Candidates;  Primaries- 
Candidates,  Registration. 

clerks  of,  to  notify  county  commissioners  of  all  offices 
for  which  candidates  are  to  be  nominated  at  fall 
primary,  390,  494. 


158 


INDEX 


(References  are  to  Sections) 


CITIES    (Cont'd) 

council,  incompatible  with  other  offices,  357  to  361, 

365. 

increasing  indebtedness  of,  84-A,  266- A. 
mayor,  incompatible  with  other  offices,  349,  350,  365. 
offices,  contested  election  for,  133  to  136. 

,  (same)  nomination  of,  at  primaries 

375,  388,  390,  417,  491,  493,  494. 
officers,  incompatible  with  other  offices,  368. 
polling  places,  280  to  291. 

recorder,  incompatible  with  other  offices,  349,  350. 
registrar,  second  class — ,  incompatible  with  other 

offices,  368. 
second  class  city  offices,  nomination  of,  at  primaries, 

375  388,  390,  417,  491,  493,  494. 
third  class,  election  for  charter  of,  returns,  115. 
treasurer,  incompatible  with  other  offices,  365. 
CITIZENS, 

see  also  Naturalization. 

American  women  marrying  foreigners,  loss  of  citizen- 
ship, 34. 
elector  must  be  citizen  of  United  States  at  least  one 

month  to  vote  at  elections,  29. 
father  or  mother  naturalized  while  children  are  min- 
ors, 36. 

foreign  born  women  marrying  citizens,  35. 
rights  of,  not  to  be  denied  or  abridged  by  reason  of 
race,  color,  or  previous  condition  of  servitude,  27. 

,  (same)  not  to  be  denied  or  abridged 

on  account  of  sex,  28. 

serving  wifti  allied  armies,  lost  citizenship,  33. 
twenty-one  years  of  age  entitled  to  vote,  29. 
woman  who  is  registered  and  subsequently  marries, 
may  vote  under  certain  conditions,  50-A,  52- A, 
145-A,  147-A. 
CLARION  COUNTY, 
representative  congressional  district,  519. 
state  representative  district,  529. 
state  senatorial  district,  523. 
CLEARFIELD  COUNTY, 
representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111-A. 

,  (same)  at  primaries,  1 74- A. 

state  representative  districts,  529. 
state  senatorial  districts,  523. 
CLERK  OF  COURTS, 

see  Clerk  of  Orphans'  Court,  Clerk  of  Quarter  Ses- 
sions, Prothonotary. 

CLERK  OF  ORPHANS'  COURT, 

incompatible  with  other  offices,  369-B. 

CLERK  OF  QUARTER  SESSIONS, 

see  also  Court  of  Quarter  Sessions,  Expenses-Can- 
didates. 

deputy,  incompatible  with  other  offices,  369-C,  D. 
election  expenses,  accounts  for,  to  be  filed  with,  480. 
incompatible  with  other  offices,  352,  369-B  to  369-D. 
returns  of  elections  to  be  made  to,  107- A,  114,  115. 
school  directors,  certificate  of  election  for,  255. 

CLERKS, 

see  also  Ballots,  Ballot  Check  Lists,  Closing  the  Polls, 
Crimes,  Election  Officers,  Inspectors,  Judge  of 
Election,  Tally  Papers,  Voting  Check  List,  and 
other  specific  heads. 

affidavit  of,  elections  or  primaries,  8,  11. 

crimes,  at  primaries,  373,  513. 

duties  in  divided  boroughs  or  townships  as  to  con- 
solidated returns,  107-A. 

duties  in  general,  184  to  192. 

duties,  performing  before  taking  oath  of  office,  elec- 
tions or  primaries,  penalties,  8. 

,  (same)  refusing  or  neglecting  to  per- 
form, elections  or  primaries,  penalties,  7. 

incompatible  with  other  offices,  345,  346,  349. 

mark  "V"  in  voting  check  list  after  elector  has  de- 
posited his  ballot,  89. 


CLERKS    (Cont'd) 

pay  of,  116,  117. 

sworn  or  affirmed  by  judge  of  election,  elections  or 
primaries,  11. 

vacancy,  filled  by  inspector,  14. 

CLINTON  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111-A. 

,  (same  at  primaries,  174- A. 

state  representative  district,  529. 
state  senatorial  district,  523. 

CLOSING  THE  POLLS, 

at  elections,  91. 

at  primaries,  160,  501. 

election  officers  duties  after,  at  elections,  91  to  115. 

,  (same)  at  primaries,  160  to  174,  504. 

electors  who  may  mark  ballots  after,  92,  561. 

COLUMBIA  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  529. 
state  senatorial  district,  522. 

COMMITTEEMEN, 

national,  election  of,  at  primaries,  378,  383,  385,  387, 

491,  494. 

state,  election  of,  at  primaries,  380,  385,  387, 491, 494. 
,  (same)  vacancies  in  office  of,  how 

filled,  407,  491. 

COMMITTEES, 

state,  rules  for  the  government  of,  power  to  make, 
379,  491. 

COMMON  PLEAS  COURT, 

see  Court  of  Common  Pleas. 

COMPTROLLER, 

incompatible  with  other  officers,  365. 

COMPUTING  VOTES, 

see  County  Return  Board,  Election  offices. 

CONGRESSIONAL    DISTRICTS, 

see  also  Districts,  Return  Judges, 
representative,  517  to  519. 

return  judges,  day  for  meeting  in,  at  elections,  109. 
,  (same)  at  primaries.  174- A. 

,  (same)  place  of  meeting  to  adjust  con- 
solidated returns  in,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

.,  (same)  to  make  consolidated  returns. 

in,  at  elections,  108. 

,  (same)  at  primaries,  174. 

CONGRESSMEN, 

see  United  States  Representatives,  United  States. 
Senators. 

CONSOLIDATED  RETURNS, 

see  Clerk  of  Quarter  Sessions  Court;  Court  of  Com- 
mon Pleas,  County  Commissioners,  Return  Judges; 
Returns. 

CONSTABLES, 

deputy,  appointment  of,  25- A. 

duties  in  general,  at  elections  or  primaries,  18  to  23. 

incompatible  with  other  offices,  349,  350,  364,365,367. 

municipal  election,  give  notice  of,  22. 

pay  of,  for  attending  elections,  123. 

serve,  certificate  of  election,  25,  103. 

CONSTITUTION, 

Pennsylvania — ,  amendment  submitted^  to  electors,. 

method  of  marking  answers  thereto,  84,  552. 

,  (same)  secretary  of  commonwealth 

to  transmit  to  county  commissioners  and  sher- 
iffs copy  of  proposed  amendments  to,  464,  547. 

United  States,  nineteenth  amendment,  women  suf- 
frage, 28. 


159 


INDEX 

(References  are  to  Sections) 


CONTESTED  ELECTIONS, 

borough  offices,  134. 
city  offices,  134. 
classification  of,  134. 
congressional  candidate,  183-A,  183-B. 
county  offices,  134. 
courts  to  try  and  determine,  133. 
general  provisions,  132  to  137. 
governor  and  lieutenant-governor,  134. 
judges,  excepting  judges  of  the  supreme  court,  134. 
no  law  to  apply  to,  arising  prior  to  its  passage,  133. 
petition  to  contest,  filing  of,  135. 
petitioners,  number  of,  136. 
presidential  electors  and  state  officers,  134. 
primaries,  in  general,  181  to  183-B,  505. 
school  districts,  134. 
state  senators  and  representatives,  134. 
trial,  134-A 
ward  offices,  134. 

when  ballots  are  defective,  tribunal  trying  case  to 
declare  election  invalid,  567. 

CORPpRATIONS, 

prohibited  from  making  contributions  for  election 
expenses,  476,  477.  , 

CORRUPT  PRACTICES. 

see  Expenses-Candidates 

COUNTIES 

population  of,  575. 
to  pay  all  election  expenses,  539. 
,  (same)  primary,  502. 

COUNTY  AND  COUNTY  SEATS,  575. 

COUNTING  THE  BALLOTS, 

cast  for  various  candidates,  96,  97,  164,  504. 

COUNTY  AUDITOR, 

see  also  Auditor;  Comptroller;  County  Controller, 
incompatible  with  other  offices,  365,  369  to  369-B. 

COUNTY  COMMISSIONERS, 

see  also  Ballot  Check  Lists;  Ballots;  Booths;  County 
Return  Board;  Crimes;  Districts;  Elections-Can- 
didates ;  Expenses  -  Candidates ;  Incompatible 
Offices;  Primaries-Candidates;  Rooms;  Voting 
Check  List;  and  other  specific  heads, 
appoint  return  judges  to  make  consolidated  returns 
in  congressional,  senatorial,  and  judicial  districts, 
at  primaries,  174. 

as  county  return  board,  at  primaries,  176  to  183,  504. 
ballots,  keep  a  record  of  the  ballots,  delivered,  spoiled 
and  unused  and  subsequently  returned  at  primaries, 
500. 

,  (same)  number  of,  to  be  furnished 

each  election  district,  at  elections,  554. 

J ,  (same)  to  be  delivered  to  judge  of 

election  or  inspectors,  226,  227,  270,  555,  556. 

..,  (same)  printing  and  safe-keeping 

of,  269-A,  551. 
candidates,  withdrawals  of,  before  elections,  465  to 

468,  545,  549,  550. 

certify  to  secretary  of  commonwealth  votes  given 
each  person  nominated  in  congressional  and  sena- 
torial districts,  at  primaries,  173-B. 

changing  polling  places,  Court  of  Quarter  Sessions 
may  upon  giving  proper  notice  to,  284-A. 

chief  clerk,  incompatible  with  other  offices,  369-C,  D. 

clerks  or  secretaries  of  cities,  boroughs,  townships 
and  school  districts  to  notify,  of  all  offices  for 
which  candidates  are  to  be  nominated  at  fall  pri- 
mary, 390,  494. 

county  committees,  chairman,  to  notify  what  offices 
are  to  be  filled  at  spring  primary,  386.  494. 

duties  as  to  elections,  263  to  272. 

.     ,  (same)  as  to  primaries,  256  to  262. 

election  districts  may  be  abolished  by,  286. 

election  expenses,  blank  forms  to  be  furnished  can- 
didates or  committees,  489. 


COUNTY  COMMISSIONERS  (Con't) 

..........  .(same)  county  to  pay  all,  639. 

toB  equipped  by-,  for  each  district, 


expense  of  registration,  second  class  cities,  to  provide 

.„-.-.__._,  (same)  third  class  cities,  343,  344. 
facsimile  signature  of  on  ballots,  553. 
forms  required  by  ballot  act,  to  be  furnished  by  sec- 

retary of  commonwealth,  539. 
incompatible  with  other  offices,  355,  365,  369-B  to  D 
member  of  county  return  board  at  elections  under 

certain  conditions,  129. 
nomination  petitions,  time  of  filing  with,  for  elections, 

457,  467-A,  543. 
.........  -,  (same)  for  primaries,  395,  497. 

official  and  specimen  ballots  to  be  prepared  by,  for 

elections,  551,  553,  554. 

.    ---  .....  --.  (same)  for  primaries.  500. 
original  registry  list  as  revised  in  boroughs  and  town- 

ships to  be  returned  to,  306. 
polling  places  in  townships  may  be  changed  by,  285. 
primary  expenses,  county  to  pay  all,  502. 
primary  returns,  certification  of,  506. 
publish  names  of  offices  for  which  nominations  are  to 

be  made  or  candidates  for  party  offices  to  be  elected 

at  spring  primary,  387,  494. 
publish  number  of  delegates  and  party  officers  to  be 

elected,  also  nominations  to  be  made  at  primaries, 

registers  in  second  class  cities,  to  be  delivered  to  elec- 
tion officers  on  election  days  by,  326. 
..........  ,  (same)  third  class  cities,  343. 

-----  .....  ,  (same)  for  previous  year  to  be  deli  v- 

ered  to  registrars,  334. 

registrars  for  third  class  cities,  appointment  of,  329. 
return  judges  in  congressional,  senatorial  and  judicial 
districts  to  file  copy  of,  consolidated  returns  in, 
at  primaries,  173-A,  174. 
returns  of  primaries  to  be  made  to,  172,  173,  504. 
room  to  be  provided  .for  computation  of  votes,  at 

primaries,  179,  504. 

secretary  of  Commonwealth  to  notify,  what  offices 
are  to  be  filled  at  fall  primary,  389,  494. 

__________  ,  (same)  at  spring  primary,  384,  494. 

__________  ,  (same)  to  transmit  list  of  candidates 

nominated  by  nomination  papers,  also  transmit 

proposed  amendment  to  constitution,  464,  547. 

state  committee,  chairman,  to  notify,  what  offices  are 

to  be  filled  at  spring  primary,  385,  494. 
stickers  for  ballots  to  be  prepared  by,  when  necessary 
for  substituted  candidate  a  name  at  elections,  468, 
550. 

watchers'  certificates  to  be  furnished  by,  246,252,  254  . 
COUNTY  COMMITTEES, 
chairman,  to  notify  county  commissioners  what  offices 
are  to  be  filled  at  spring  primary,  386,  494. 

COUNTY  CONTROLLER, 

see   also   Auditor,   Comptroller,   County   Auditor; 

county  offices  incompatible  with  other  offices,  365, 

369-C  to  369-D. 
COUNTY  OFFICES, 
see  also  Clerk  of  Orphans'  Court;  Clerk  of  Quarter 

Sessions  Court;  County  Commissioners;  County 

Controller;  County  Treasurer;  Prothonotary,  and 

other  specific  heads. 
contested  elections  for,  133  to  136. 
incompatible  with  other  offices,  352,  354,  355,  357, 

361,  365,  368,  369  to  369-D. 
nominations  of,  at  primaries,  375,  388.  389,  491,  493. 

COUNTY  POLITICAL  PARTIES, 

defined,  primaries,  382,  492. 

COUNTY  PRISON  INSPECTOR, 

gee  Prison  Inspector. 

COUNTY  RETURN  BOARD, 

elections,  duties  in  general,  127,  128,  129. 
primaries,  certification  of  returns,  506. 

..........  (same)  duties  in  general,  176  to  183 

504. 


160 


INDEX 

(References  are  to  Sections) 


COUNTY  TAX, 

see  Qualifications  of  Voters,  Taxes. 

COUNTY  TREASURER, 

chief  clerk,  incompatible  with  other  offices,  369-C,  D. 
incompatible  with  other  offices,  369  to  369-D. 

COURT  OF  COMMON  PLEAS, 

see  also  Prothonotary. 

appoint  return  judges  to  make  consolidated  returns 

in  congressional,  senatorial,  and  judicial  districts, 

at  elections,  108. 
judges  to  constitute  county  return  board  at  elections 

127,  128;  129. 
polling  places,  changing  of  under  certain  conditions, 


COURT  OF  QUARTER  SESSIONS, 

see  also  Clerk  of  Quarter  Sessions. 

annexation  of  election  district  to  a  city,  281. 

appoint  election  officers,  previous  to  elections,  196, 
220- A,  281-A,  282,  284-B. 

consolidation  of  election  districts,  appointment  of 
election  officers,  281,  282. 

constable,  deputy,  appointment  of,  25-A. 

contested  election,  congressional  candidate,  183-A, 
183-B. 

determines  the  territory  and  bounds  of  election  dis- 
tricts, 280. 

division  of  a  district,  281. 

peace  officers  to  report  election  disturbances  to,  19, 
23,  24. 

polling  places,  changed  by,  284-A,  284-B. 
,  (same)  power  to  fix,  281. 

CRAWFORD  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  174- A. 

state  representative  district,  529. 
state  senatorial  district,  524. 

CRIMES, 

ballots  unlawfully  obtained  to  be  transmitted  to  dis- 
trict attorney  by  judge  of  election,  239. 
betting  on  elections,  372. 

election  officers,  at  primaries,  6,  7,  8,  12,  373,  513. 
election  expenses,  penalty  for  incurring  illegal  ex- 
penses, 490. 
elector,  disqualified  for  bribery,  371. 

,  (same)    disqualified    for    violating 

election  laws,  374. 
misdemeanors,  at  elections,  568  to  573. 

,  (same)  at  primaries,  511  to  513. 

penalties,  at  primaries,  511  to  513. 

,  (same)  card  of,  to  be  posted  in 

booths,  also  about  voting  room  and  given  to 
voters  upon  request,  16,  500,  558. 
primaries,  nomination  petitions,  unqualified  elector 

signing  same,  penalty,  404,  513. 
public  officers  neglecting  to  perform  election  duties, 

571. 

supplying  false  tickets  to  electors,  370. 
United  States  courts  without  jurisdiction  for  crimes 
committed  at  primary  election,  3  74- A. 

CUMBERLAND  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  529. 
state  senatorial  district,  523. 

CURB  STONE  ELECTION, 

vacancies  on  board,    election    or    primary    election 
morning  filled  by,  13. 

DATES 

of    elections,  1,  2. 

of    primaries,  138,  493. 


DAUPHIN  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional,  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representative  districts,  529. 
state  senatorial  districts,  521. 

DAYS, 

election,  see  Election  Days, 
registration,  see  Registration,. 

DEATH, 

of  candidate  after  filing  nomination  petition,  and  be- 
fore primary,  410,  507. 

of  candidate  before  elections,  method  of  filing  new 
petition,  466  to  468,  545,  549,  550. 

DELAWARE  COUNTY, 

representative  congressional  district,  517. 
state  representative  district,  529. 
state  senatorial  district,  520. 

DELEGATES, 

national  party  conventions,  election  of,  at  primaries, 
376,  383,  385,  491,  493,  494. 

DEPUTY  CONSTABLE, 

appointment  of,  25-A. 

DISABILITY, 

elector,  assistance  in  marking  ballot,  at  elect.ons, 
66,  67,  561,  564. 

-..,  (same)  at  primaries,  157,  501. 

DISPOSING, 

of  ballot  box,  see  Ballot  Box. 

DISQUALIFIED, 

as  election  officer,  345,  346,  349. 

DISQUALIFYING  ELECTORS, 

bribery,  371. 

violating  election  laws,  374. 

DISTRICT  ATTORNEY, 

incompatible  with  other  offices,  354,  365,  369-C,  D. 

DISTRICTS, 

see  also  Apportionment;  Congressional  Districts,  Ju- 
dicial Districts;  Residence;  Rooms;  Senatorial  Dis- 
tricts. 

abolished,  by  county  commissioners,  286. 

annexation  of  election,  to  a  city,  281. 

ballots,  number  to  be  furnished  each  election  district, 
at  elections,  554. 

,  (same)  at  primaries,  500. 

consolidation  of,  appointment  of  election  officers,  281, 
282. 

costs  for  the  division  or  creation  of  an  election,  281. 

division  of  a  district,  281. 

elector  must  cast  ballot  within  district  in  which  he  is 
domiciled,  38. 

general  provisions  as  to,  280  to  291. 

new  election,  220-A,  280,  281,  281-A,  282,  284-A, 
284-B. 

polling  places,  changed  by  common  pleas  court  under 
certain  conditions,  283. 

,  (same)  changed  by  court  of  quarter 

sessions,  284-A. 

,  (same)  changed  by  governor  where 

there  is  a  malignant  disease,  284. 

,    (same)    in    townships    may    be 

changed   by   county   commissioners   or   court  of 
quarter  seessions,  284-B,  285. 

registered  electors  moving  from  one  election  district 
to  another,  second  class  cities,  321,  324. 
(same)  third  class  cities,  333. 

residence  of  elector  to  be  two  months  in,  29. 

DIVISION  OF  ELECTION  DISTRICTS, 

see  Districts. 


161 


DOMICILE, 

see  Residence. 

DUPLICATE, 

tally  papers,  see  Tally  Papers. 

DUTIES. 

assessors  in  boroughs  and  townships,  see  Registration. 

clerks,  see  Clerks. 

constables  in  general,  18  to  26. 

county  commissioners,  see  County  Commissioners. 

county  return  board,  at  elections,  127,  128,  129. 

. ,  (same)  at  primaries,  176  to  183. 

election  officers,  see  Election  Officers  and  other  speci- 
fic heads. 

inspectors,  see  Inspectors, 
judge  of  election,  see  Judge  of  Election, 
overseers  of  elections,  in  general,  242,  243,  244,  245. 
peace  officers,  in  general,  at  elections,  18  to  26. 

.. ,  (same)  at  primaries,  141. 

preliminary  duties  of  election  officers  before  opening 

polls,  elections  or  primaries,  6  to  17. 
return  judges,  at  elections,  107  to  115. 

,  (same)  at  primaries,  108  to  111,  172 

to  174-C. 

secretary  of  commonwealth,  see  Secretary  of  Com- 
monwealth, 
sheriff,  see  Sheriffs, 
watchers,  in  general,  246  to  254. 

ELECTION  BOARDS, 

see  Election  Officers. 

appointment  of,  for  new  election  district,  281- A. 

ELECTION  BOOTHS, 

see  Booths. 

ELECTION  DAYS, 

general,  dates  of,  1. 
general  and  munici 
municipal,  dates  of,  2. 
primary,  138,  493. 

ELECTION  DISTRICTS, 

see  Districts. 

ELECTIONEERING, 

within  voting  rooms  forbidden,  561. 

ELECTION  EXPENSES, 

candidates,  see  Expenses-Candidates, 
county  to  pay,  elections,  539. 
county  to  pay,  primary,  502. 

ELECTION  OFFICERS, 

see  also  Clerks,  Inspectors,  Judge  of  Election,  Over- 
seers of  Elections,  Return  Judges,  Watchers,  and 

other  specific  heads. 

affidavits  of,  elections  or  primaries,  8,  10,  11,  12. 
appointment  of,  previous  to  elections,  by  court  of 

quarter  sessions,  196,  220-A,  284-A,  282,  284-B. 
computing  votes  cast,  97,  164,  504. 
disqualified,  345,  346,  349. 
incompatible  with  other  offices,  345,  346,  349.  _ 
judge  or  minority  inspector  neglecting  or  refusing  to 

be  sworn,  elections  or  primaries,  12. 
nominations  of,  at  primaries,  375,  388,  390,  491, 

493,494. 
oath  of,  disposition  of,  at  elections,  104,  112,  113. 

,  (same)  at  primaries,  169,  172. 

,  (same)  elections  or  primaries,  8,  10, 

11,  12. 

pay  of,  116  to  126. 

places  to  be  properly  arranged,  17,  557. 
preliminary  duties,  before  opening  polls,  elections  or 

primaries,  6  to  17,  501. 
vacancies,  election  or  primary  election  morning,  13, 

14,  501. 

ELECTION  PROCLAMATION, 

issued  by  sheriff,  275,  276,.277,  278,  279,  548.  . 
primaries,  county  commissioners  to  publish  notice  of 
offices  to  be  filled  at,  494. 


INDEX 
(References  are  to  Sections) 

ELECTION  ROOMS, 


ELECTIONS-CANDIDATES, 

ballots,  candidates  names  on,  arrangement  of,  552. 

candidate,  death  of,  before  election,  method  of  filing 
new  petition,  466  to  468,  545,  549,  550. 

candidates,  expenses,  469  to  490. 

,  (same)  names  on  ballots,  arrange- 
ment of,  552. 
----------,  (same)  vacancies,  465  to  468,  545, 

649,  550. 

,  (same)  withdrawal  of,  before  elec- 
tions, 465  to  468,  545,  549,  550. 

constitutional  amendments,  secretary  of  common- 
wealth to  transmit  to  county  commissioners  and 
sheriffs,  copy  of  proposed  amendment  to  consti- 
tution, 464,  547. 

county  commissioners  nomination  petitions,  time  for 
filing  with,  for,  457,  467-A,  543. 

death  of  candidate  before  elections,  method  of  filing 
new  petition,  466,  467,  468,  545,  549,  550. 

expenses,  for  candidate,  469  to-490. 

nominations,  by  nomination  papers,  how  made,  450, 

nomination  petitions,  death  of  candidate  before  elec- 
tions, method  of  filing  new  petition,  466,  467,  468, 
545, 549, 550. 

-- -..,  (same)  electors  qualifications  of,  as 

to  residence,  occupation,  etc.,  452,  541. 
,  (same)  objections  to  filing,  455,  460, 

461,  462,  463,  542.  543,  544. 

,  (same)  open  to  public  inspection,546. 

,  (same)  presidential  electors  time  of 

filing  with  secretary  of  commonwealth,  456,  458, 
459,  543. 

....  (same)  representatives  in  congress, 

time  of  filing  with  secretary  of  commonwealth, 
456,  543. 

,  (same)  secretary  of  commonwealth 

to  transmit  list  of  candidates  nominated  by  nomi- 
nation papers  to  county  commissioners  and  sheriffs, 
464,  547. 

,  (same)  setting  aside,  455,  460,  461, 

462,  463,  542,  543,  544. 

,  (same)  signatures,  number  required 

for  various  offices,  451,  541. 

,  (same)  state  offices,  tune  of  filing 

with  secretary  of  commonwealth,  456,  467-A,  543. 

,___,  (same)  state  representatives,  time 

of  filing  with  secretary  of  commonwealth,  456,  543. 

,  (same)  state  senators,  time  of  filing 

with  secretary  of  commonwealth,  456,  543. 

...  (same)  substitute  465  to  468,  545, 
549,  550. 

...,  (same)  time,  method  of  reckon- 
ing periods  of,  463,  543. 

...,  (same)  time  of  filing  with  county 

commissioners  for,  457,  467-A,  543. 

,  (same)  time  of  filing  with  secretary 

of  commonwealth,  456,  467-A,  543. 

...  (same)  what  they  shall  specify,  453, 
454,  542. 

party  names,  448,  449,  541. 
presidential  electors,  withdrawal  of,  as  candidate  for, 

before  elections,  465  to  468,  545,  549  550. 
representatives  in  congress,  withdrawal  of  as  candir 
date  for,  before  elections,  465  to  468,  545,  549,  550. 
secretary  of  commonwealth,  nomination  petitions, 
time  of  filing  with,  456,  467-A,  543. 

t  (same)  to  transmit  list  of  candidates 

nominated   by   nomination  papers  or   propose^ 
amendment  to  constitution  to  county  commis- 
sioners and  sheriffs,  464,  547. 
signers  to  nomination  petitions,  number  required, 

state  offices,  withdrawal  of,  as  candidate  for,  before 
election,  465  to  468.  545,  549,  550. 

stickers  for  ballots  to  be  prepared  by  county  commis- 
sioners when  necessary  for  substituted  candidates 
name,  468,  550. 


162 


INDEX 
(References  are  to  Sections) 


ELECTIONS-CANDIDATES,  (Con't) 
substitute  nomination  papers,  465  to  468, 545,549,550. 
time,  method  of  reckoning  periods  of  time  at,  463,543. 
vacancies,  how  candidates  shall  be  nominated  to  fill, 

465  to  468,  545,  549,  550. 
withdrawal  of  candidate,  before  elections,  465  to  468, 

545,  549,  550. 

ELECTORS, 

see  also  Ballots,  Closing  the  Polls,  Qualifications  of 

Voters,  Registration,  Taxes,  and  other  specific  heads. 

affidavits,  disposition  of,  at  primaries,  171,  172. 

bribery,  disqualifying,  371. 

disability  of  elector,  assistance  in  marking  ballot,  at 
elections,  66,  67,  561,  564. 

,  (same)  at  primaries,  157,  501. 

disqualified  for  violating  election  laws,  374. 

give  name  and  residence  to  officer  in  charge  of  bal- 
lots, 62,  559. 

qualified  elector's  name,  only  to  appear  on  party  bal- 
lot as  candidate  of  such  party,  at  primaries,  412, 
413,  496. 

qualifications  of,  signing  nomination  petitions,  for 
elections,  452,  541: 

right  to  vote,  controversies  as  to,  64. 

supplying  false  tickets  to,  penalty  for,  370. 

who  may  mark  ballots,  after  closing  polls,  92,  561. 

ELK  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  530. 
state  senatorial  district,  523. 

ENROLLMENT  OF  VOTERS, 

ballot  of  his  party,  registered  and  enrolled,  elector. 

entitled  to  vote  at  primaries,  143,  146,  503. 
boroughs  and  townships,  295,  296,  297,  304. 
certificate  of,  in  boroughs  and  townships,  295,  296, 

297,  304. 
electors,  cannot  vote  party  ballot  at  primaries  unless 

enrolled,  143,  146,  503. 
second  class  cities,  319.  320. 
third  class  cities,  338,  339. 

ERIE  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  530. 
state  senatorial  district,  524. 


ESTABLISH, 

right  to  vote,  see  Qualifications  of  Voters. 

EXPENSES-CANDI  DATES, 

account,  not  to  be  filed  when  no  contributions  are 
received  or  disbursements  made,  479. 

,  (same)  oath  not  to  be  administered 

to  persons  elected  to  office  until  account  has 
been  filed,  481. 

accounts,  audit  of,  decision  of  court,  subject  to  appeal, 
485. 

.. ,  (same)  detailed  to  be  filed  when 

sums  exceeding  fifty  dollars  ($50.00)  are  re- 
ceived or  disbursed,  479. 

,  (same)open  to  public  inspection,482. 

,  (same)  time  of  filing  and  auditing 

of,  483  to  488. 

.  ...,  (same)  to  be  filed  with  secretary 

of  commonwealth  or  clerk  of  quarter  sessions 
court,  480. 

answers  to  questions  in  regard  to,  compulsory,  487. 
attorney-general,  duty  of,  if  court  shall  decide  illegal 

expenses  have  been  incurred,  485. 
auditor,  duties  and  powers  of,  in  auditing  accounts, 
'   483,  484,  488. 

banks,  national  ,  prohibited  from  making  contribu- 
tions for,  476. 
blank  forms  for,  to  be  furnished  candidates  and  corn- 


candidate,  defined,  471. 
candidate  for  election,  defined,  470. 
candidate  for  nomination,  defined,  469. 
candidates,  contributions  to,  for  expenses,  477. 


EXPENSES-CANDIDATES    (Cont'd) 
clerk  of  quarter  sessions  court,  account  filed  with,  480' 
contributions  for,  except  to  candidates  or  political 

committees  prohibited,  477. 
corporations,  prohibited  from  making  contributions 

for,  476,  477. 
defined,  469  to  474. 
district  attorney,  duty  of,  if  court  shall  decide  illegal 

expenses  have  been  incurred,  486. 
forms  for,  to  be  furnished  candidates  and  committees, 

489. 

illegal,  483  to  488,  490. 
lawful,  478. 
national  banks,  prohibited  from  making  contributions 

for,  476. 
oath  not  to  be  administered  to  persons  elected  to 

office  until  account  has  been  filed,  481. 
penalty  for  incurring  illegal,  490. 
political  committee,  defined,  473. 
political  committees,  contributions  to,  for,  477. 

,  (same)  treasurer  of,  to  receive  and 

disburse  all  moneys  for,  475. 
public  inspection,  accounts  open  to,  482. 
public  office,  defined,  472. 

secretary  of  commonwealth,  account  filed  with,  480. 
United  States  representatives  and  senators,  490-A. 
vouchers  to  accompany  each  expenditure  exceeding 

ten  dollars  ($10.00),  480. 

EXPENSES-COUNTY, 

to  pay  all  election  expenses,  539. 
primary  election,  county  to  pay.  502. 

FALL  NOMINATIONS, 

primaries,  see  Primaries-Candidates. 

FALL  PRIMARY, 

odd  numbered  years,  138,  493. 

FAYETTE  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  1 74-C. 

state  representative  district,  530. 
state  senatorial  district,  523. 

FEDERAL  EMPLOYEES, 

may  register  in  second  class  cities  by  petition,  327. 

FILING  PETITIONS, 

of  nominations,  see  Elections-Candidates,  Primaries- 
Candidates. 

FILLING  VACANCIES, 

see  Vacancies. 

FOREST  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  530. 
state  senatorial  district,  523. 

FRANKLIN  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111-A. 

..,  (same)  at  primaries,  1 74- A. 

state  representative  district,  530. 
state  senatorial  district,  523. 


FRAUD, 

court  of  common  pleas,  powers  agio  primaries,  181. 

election  returns,  county  return  board,  powers  as  to, 

128. 
primary  returns,  county  return  board,  powers  as  to, 

181,  182,  183,  504. 

FULTON  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  530. 
state  senatorial  district,  523. 


163 


GENERAL  ELECTIONS, 

dates  of,  1. 

GENERAL  RETURN  SHEETS, 

see  also  Return  Sheets. 

preparation  and  disposition  of,  at  primaries,  161, 167, 
172,  504. 

GOVERNOR, 

contested  election  for,  133  to  136. 

GREENE  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  530. 
state  senatorial  district,  524. 

GUARD  RAIL, 

admit  elector  within,  after  he  has  established  his  right 

to  vote,  65. 

ballot  box  to  be  at  least  six  feet  from,  17,  557. 

no  more  than  ten  voters  to  be  outside  the,  at  one  time, 

60,  561. 

number  of  persons  allowed  within— ,at  any  one  time, 

61,  559. 

peace  officers  to  remain  outside,  at  elections,  20,  566. 
,  (same)  at  primaries,  141,  513. 

HEALTH,  BOARD  OF, 

see  Board  of  Health. 

HOLIDAYS, 

general  and  municipal  election  days  to  be,  4. 

HOURS, 

elections,  5. 

primaries,  139,  501. 

registration,  boroughs  and  townships,  304. 

..,  (same)  second  class  cities,  314. 

.. ,  (same)  third  class  cities,  332. 

HUNTINGDON  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  530. 
state,  senatorial  district,  523. 

ILLUSTRATIONS, 

showing  method  of  marking  ballots,  74  to  82. 

INCOMPATIBLE  OFFICES, 

election  officers  offices,  with  that  of,  345,  346,  349. 
general  assembly  may  declare  what  are,  345. 
in  general,  345  to  369-D. 

INDEPENDENT  PARTY, 

nominations,  see  Elections-Candidates,  Political  Par- 
ties. 

INDIANA  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  174- A. 

state  representative  district,  530. 
state  senatorial  district,  523. 

INSPECTORS, 

see  also  Ballots.  Ballot  Box,  Ballot  Check  Lists, 

Clerks,  Crimes,  Election  Officers,  Judge  of  Election, 

Voting  Check  List,  and  other  specific  heads. 

affidavits  of,  elections  or  primaries,  8,  11,  12. 

announce  name  of  elector  to  clerk  after  he  has  depos- 
ited his  ballot,  89. 

appointment  for  new  election  district,  196-A. 

appointment  of,  previous  to  elections,  by  court  of 
quarter  sessions,  196,  196-A,  282. 

ballot  box,  charge  of,  207,  209. 

,  (same)  to  be  opened  by,  96, 164, 566. 

ballots,  package  containing,  to  be  delivered  or  called 
for  by  inspector  when  judge  of  election  is  unable  to 
perform  duty,  226,  227,  555. 


INDEX 

(References  are  to  Sections; 


INSPECTORS    (Cont'd) 

certificate  of  elector  for,  103. 
clerks,  vacancies  filled  by,  14. 
crimes,  at  primaries,  373,  513. 

4  »s  to  qualifications  of  electors,  judge  to 


duties  in  general,  193  to  218. 
duties,  performing  before  taking  oath  of  office  elec- 
tions or  primaries,  penalties,  8. 

K-f  .....  T--A  (8ame>  Fefusin«  or  neglecting  to 
perform,  elections  or  primaries,  penalties.  7. 

election  and  term  of,  193,  194,  195. 

election  officers  refusing  or  neglecting  to  be  sworn. 
elections  or  primaries,  12. 

failing  to  attend  at  time  of  opening  the  polls  eleo- 

.   tions  or  primaries,  penalty.  6. 

incompatible  with  other  offices,  345,  346.  349. 

minority,  papers  retained  at  elections,  106. 
.  -----  ......  (same)  at  primaries,  171.  504. 

nomination  of,  at  primaries.  375,  388,  390,  491,  493, 

pay  of,  116,  117. 
sworn  or  affirmed  by  judge  of  election,  elections  or  pri- 

maries, 11. 

vacancy,  majority,  election  or  primary  election  morn- 
ing, 13. 

----------  ,  (same)  minority,  election  of  primary 

election  morning.  13. 
---  .....  --,  (same)  previous  to  elections,  court 

to  appoint,  196. 


JEFFERSON  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  531. 
state  senatorial  district,  523. 

JUDGE  OF  ELECTION, 

see  also  Ballots,  Ballot  Box,  Crimes,  Closing  the 

Polls,  Pay  of  Election  Officers,  Return  Judges,  and 

other  specific  heads. 

affidavit  of,  elections  or  primaries,  8,  10,  11,  12. 
appointment  for  new  election  district,  220-A. 
appointment  of,  previous  to  elections,  by  court  of 

quarter  sessions,  221,  282,  284-B. 
ballots,   etc.,  package  containing,   to  be  publicly 

opened  on  election  or  primary  election  morning, 

9,  558. 

,  (same)  package  containing,  to  be 

delivered  to  or  called  for,  226,  227,  555. 

certificate  of  elector  for,  103. 

count  votes  cast  for  various  candidates,  97,  164,  504, 
566. 

crimes,  at  elections,  569. 

(same)  at  primaries,  373,  513. 

disagreement  of  inspectors  as  to  qualifications  of 
electors,  judge  to  decide,  64. 

duties  in  divided  boroughs  or  townships  as  to  con- 
solidated returns,  107-A. 

duties  in  general,  219  to  241. 

duties,  performing  same  before  taking  oath  of  office, 
elections  or  primaries,  penalties,  8. 

,  (same)  refusing  or  neglecting  to  per- 
form, elections  or  primaries,  penalties,  7. 

election  and  term  of,  219. 

election  officers,  refusing  or  neglecting  to  be  sworn, 
elections  or  primaries,  12. 

failing  to  attend  at  time  of  opening  the  polls,  election! 
or  primaries,  penalty,  6. 

incompatible  with  other  offices,  345,  346,  349. 

nomination  of,  at  primaries,  375,388,390,491,493,494. 

pay  of,  116,  117,  119,  120,  121,  122. 

sworn  or  affirmed  by  minority  inspector,  elections  or 
primaries,  10. 

transmit  all  ballots  unlawfully  obtained  to  district 
attorney,  239,  565. 

vacancy,  election  or  primary  election  morning,  13. 

vacancy,  previous  to  elections,  court  to  appoint,  221 


164 


INDEX 


(References  are  to  Sections) 


JUDGES, 

see  also  Judge  of  Election;  Return  Judge, 
as  county  return  board,  at  elections,  127,  128,  129. 
associate,  incompatible  with  other  offices,  353. 
candidate  for  office,  disqualified  as  member  of  county 

return  board  at  elections,  129. 
contested  election  for,  133,  134,  135,  136. 
incompatible  with  other  offices,  369-B. 
member  of  county  return  board  at  primaries  under 

certain  conditions,  177,  504. 
nomination  of,  415,  416. 
withdrawal  of  candidate's  name  for  the  office  of. 

405,  465. 

JUDICIAL  DISTRICTS, 

see  also  Districts;  Return  Judges. 

return  judges,  day  for  meeting  in,  at  elections,  109. 

,  (same)  at  primaries,  1 74- A. 

,  (same)  to  make  consolidated  returns 

in,  at  elections,  108. 

,  (same)  at  primaries,  173- A,  174. 

JUNIATA  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  531. 
state  senatorial  district,  523. 

JUSTICES  OF  THE  PEACE, 

as  peace  officer,  penalty  for  neglecting  to  perform 
duties  in  regards  to  elections,  18,  19. 

incompatible  with  other  offices,  349, 350, 352, 353,356. 

swear  or  affirm  judge  of  election  in  absence  of  minor- 
ity inspector,  elections  or  primaries,  10. 

LACKAWANNA  COUNTY, 

representative  congressional  district,  517. 
state  representative  district,  531. 
state  senatorial  district,  522. 

LANCASTER  COUNTY, 

representative  congressional  district,  517. 
state  representative  district,  532. 
state  senatorial  district,  521. 

LAW  JUDGES, 

see  Judges. 

LAWRENCE  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  532. 
state  senatorial  district,  524. 

LEBANON  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  .returns,  at  elections,  111- A. 

,  (same)  at  primaries,  1 74- A. 

state  representative  district,  532. 
state  senatorial  district,  521. 

LEHIGH  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  532. 
state  senatorial  district,  521. 

LIEUTENANT  GOVERNOR, 

contested  election  for,  133,  134,  135,  136. 

LIQUORS, 

not  to  be  sold  on  primaries,  139. 

LIST  OF  VOTERS, 

see  also  Numbered  List  of  Voters, 
not  to  be  made  except  those  expressly  authorized  by 
law,  90,  562. 

LUZERNE  COUNTY, 

representative  congressional  district,  517. 
state  representative  district,  533. 
state  senatorial  district,  522. 


LYCOMING  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111-A. 

,  (same)  at  primaries,  174- A. 

state  representative  district,  534. 
state  senatorial  district,  522. 

MARKING  BALLOTS, 

See  Ballots. 

MARRIAGE, 

American  women  marrying  foreigners,  loss  of  citizen- 
ship, 34. 

foreign  born  women  marrying  citizens,  35. 

woman  who  is  registered  and  subsequently  marries, 
may  vote  under  certain  conditions,  50-A,  52-A, 
145-A,  147-A. 

MAYOR, 

as  peace  officer,  penalty  for  neglecting  to  perform 

duties  in  regards  to  elections,  18,  19. 
incompatible  with  other  offices,  349,  350,  365. 

MERCER  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  534. 
state  senatorial  district,  524. 

MIFFLIN  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representative  district,  534. 

state  senatorial  district,  523.  • 

MINORS, 

see  Children. 

MIXED, 

ticket,  marking  ballots,  see  Ballots. 

MONROE  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111-A. 

.  (same)  at  primaries,  1 74- A. 

state  representative  district,  534. 
state  senatorial  district,  521. 

MONTGOMERY  COUNTY, 

representative  congressional  district,  517. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representative  district,  534. 
state  senatorial  district,  520. 

MONTOUR  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  534. 
state  senatorial  district,  522. 

MUNICIPAL  ELECTIONS, 

constable  to  give  notice  of,  22. 


MUNICIPAL  OFFICERS, 

see  also  Primaries-Candidates;  Elections-Candidates 
contested  election  for,  133,  134,  135,  136. 

MUNICIPALITIES, 

increasing  indebtedness  of,  84-A,  266-A. 

McKEAN  COUNTY,  \ 

representative  congressional  district,  518. 
state  representative  district,  534. 
state  senatorial  district,  523. 

NAME, 

inserted  on  ballots,  see  Ballots. 

of  political  party,  see  Political  Parties. 

NATIONAL  BANKS, 

prohibited  from  making  contributions  for  election 
expenses,  476. 


165 


INDEX 
(References  are  to  Sections) 


NATIONAL  COMMITTEEMEN, 

election  of,  at  primaries,  378,  383,  385,  387,  491  493 

494. 
vacancies  in,  how  filled,  406,  491. 

NATIONAL  PARTY  CONVENTIONS, 

delegates  and  alternate  delegates  to,  election  of,  at 
primaries,  376,  383,  385,  491,  493,  494. 

NATIVE  BORN  CITIZEN, 

see  Citizens,  Electors,  Qualifications  of  Voters. 

NATURALIZATION, 

see  also  Citizens. 

certificate,  judge  of  election  duties  as  to  when  elector 
votes  on,  in  boroughs  and  townships,  236. 

(same)  registration  on,  in  second 

class  cities,  317,  324. 

,  (same)  third  class  cities,  337. 

father  or  mother  naturalized  while  children  are  min- 
ors, 36. 
naturalized  elector  in  boroughs  and  townships  must 

exhibit  certificate  of,  to  assessor,  300. 
papers,  voting  on,  in  boroughs  and  townships,  46,  47, 
48,  236. 

NEW  ELECTION  DISTRICT, 

see  Districts. 

NEWSPAPERS, 

election  proclamation  issued  by  sheriff,  276,  278,  279, 

548. 
primaries,  county  commissioners  to  publish  notice  of 

offices  to  be  filled  at,  494. 

NOMINATIONS, 

after  primary,  see  Elections-Candidates,  Primaries- 
Candidates. 

by  nomination  papers,  how  made,  450,  467-A,  541. 
elections,  see  Elections-Candidates, 
petition,  primary,  see  Primaries-Candidates, 
primaries,  see  Primaries-Candidates, 
spring,  at  primaries,  see  Primaries-Candidates. 

NORTHAMPTON  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  congressional  district  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

.__ ,  (same)  at  primaries,  174-C. 

state  representative  district,  534. 
state  senatorial  district,  521. 

NORTHUMBERLAND  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

-  ,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  174- A. 

state  representative  district.  534. 
state  senatorial  district,  523. 

NOTARY  PUBLIC, 

incompatible  with  other  offices,  349,  350. 

NOTICE, 

constable  to  give  notice  of  municipal  elections,  22. 
election  proclamation,  issued  by  sheriff,  275  to  279. 
method  of  reckoning  periods  of  time  at  elections,  463, 

543. 
primaries,  county  commissioners  to  publish  notice  of 

offices  to  be  filled  at,  494. 

NOT  REGISTERED, 

see  Qualifications  of  Voters,  Registration. 

NUMBER, 

of  ballot  for  each  election  district,  see  Ballots,  County 

Commissioners, 
voters  allowed  in  election  room  at  any  one  time,  60, 

61,  559,  561. 


NUMBERED  LIST  OF  VOTERS, 

add  elector's  name  after  he  has  established  his  right 

to  vote,  at  electipns,  65. 
add  elector's  name  in,  and  notation  of  ballot  voted  at 

primaries,  151,  504. 
compare  number  of  ballots  issued  with  names  entered 

in,  at  primaries,  162,  504. 
disposition  of,  at  elections,  104,  112,  113. 

..........  ,  (same)  at  primaries,  163,  169,  172, 

504. 

OATHS, 

election  officers,  elections  or  primaries,  8,  18,  11,  12. 
..........  ,  (same)  disposition  of,  at  elections, 

104,  112,  113. 
..  ........  ,  (same)  at  primaries,  169,  172.  504. 

persons  elected  to  public  office,  oath  not  to  be  ad- 
ministered to,  until  account  of  election  expenses 
has  been  filed,  481. 

OBJECTIONS, 

nomination  petitions  or  papers,  see  Elections-Candi- 

dates, Primaries-Candidates. 
party  name,  see  Political  Parties. 

OCCUPATION  TAX, 

see  Taxes. 

OFFICERS, 

election,  see  Election  Officers. 
peace,  see  Peace  Officers. 
public,  see  Public  Officers. 

OFFICES, 

filled  by  election,  see  Elections-Candidates;  Prima 
ries-Candidates. 

OFFICIAL, 

ballots,  see  Ballots,  County  Commissioners. 

OPENING  THE  POLLS, 

general  or  municipal  elections,  5. 
primaries,  139,  501. 

ORIGINAL  REGISTRY  LIST, 

of  voters,  boroughs  and  townships,  303. 

OVERSEERS  OF  ELECTIONS, 

appointment  of,  242,  510. 
crimes,  at  primaries,  373,  513. 
duties  in  general,  242,  243,  244  245. 
sworn  or  affirmed  by  judge  of  election,  elections  or 
primaries,  11. 

PARTIES, 

see  Political  Parties. 

PARTY  BALLOTS, 

see  Ballots, 

PARTY  ENROLLMENT, 

see  Enrollment  of  Voters. 


493,  494. 


aries,  376,  383,  385,  386.  387,  491, 


PARTY  NAMES, 

see  Political  Parties, 

PARTY  RETURN  SHEETS, 

see  Return  Sheets. 

PATH-MASTER, 

incompatible  with  other  offices,  364. 

PAY  OF  ELECTION  OFFICERS, 

in  general,  116  to  126. 

PEACE  OFFICERS, 


166 


INDEX 

(References  are  to  Sections) 


PENALTIES, 

see  Cards  of  Penalties;  Clerks,  Crimes;  Judge  of  Elec- 
tions; Inspectors;  and  Peace  Officers. 

PERRY  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111- A. 

-.-,  (same)  at  primaries,  174- A. 

state  representative  district,  535. 
state  senatorial  district,  523. 

PERSONAL  REGISTRATION, 

see  Registration. 

PETITIONS, 

contested  election,  see  Contested  Election,  Elections- 
Candidates,  Primaries-Candidates, 
nominations,  elections,  see  Elections -Candidates, 
nominations  for  primaries,  see  Primaries-Candidates. 

PHILADELPHIA, 

representative  congressional  district,  517. 
state  representative  district,  525. 
state  senatorial  district,  520. 

PIKE  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  district,  521. 

PITTSBURGH, 

representative  congressional  district,  519. 
state  representative  district,  526. 
state  senatorial  district,  524. 

POLICE  OFFICERS, 

duties,  at  elections,  18,  19.  20. 

,  (same)  at  primaries,  141,  513. 

POLITICAL  COMMITTEES, 

see  also  Expenses-Candidates,  Political  Parties. 
account,  not  to  be  filed  when  no  contributions  are 
received  or  disbursements  made,  479. 

,  (same)  detailed  to  be  filed  when 

sums  exceeding  fifty  ($50.00)  dollars  are  re- 
ceived or  disbursed,  479. 
blank  forms  for  election  expenses  to  be  furnished  to, 

489. 

contributions  to,  for  election  expenses,  477. 
defined,  election  expenses,  473. 
treasurer  of,  to  pay  lawful  election  expenses,  478. 

,  (same)  to  receive  and  disburse  all 

moneys  for  election  expenses,  475. 

POLITICAL  PARTIES, 

adopting  a  certain  political  appellation  to  designate 

their  policy  to  file  affidavit,  etc.,  with  prothono- 

tary,  448,  449,  541. 

independent  party  name,  448,  449,  541. 
independent  party  nominations,  448  to  456,  460  to 

468,  541,  542. 
officers,  election  of,  at  primaries,  376,  383,  385,  386, 

387,491,493,494. 
party  name,  objections  to,  542. 

,  (same)  state  or  county,  448,  449,  541. 

polling  two  per  centum  of  entire  vote  at  elections,  540. 
pre-emption  of  name,  448,  449,  541. 
within  the  county,  defined,  primaries,  382,  492. 
within  the  state,  defined,  primaries,  381,  492. 

POLL  BOOK,  . 

watchers  may  keep,  250. 

POLLING  PLACES, 

see  also  Closing  the  Polls;  Districts;  Opening  the 

Polls;  Rooms, 
close,  general  or  municipal  elections,  5,  91. 

,  (same)  primaries,  139,  160,  501. 

closing,  electors  who  may  vote  after,  92,  561. 
open,  at  general  or  municipal  elections,  5. 

,  (same)  primary  elections,  139,  501. 


POLL  TAX, 

see  Taxes. 

POOR, 

directors  of,  can  sue  and  recover  from  bettors  or 
stakeholders  on  elections,  372. 

-- -,  (same)  incompatible  with  other  offi- 
ces, 357. 

,  (same)  to  receive  forfeiture  for  any 

one  filling  an  incompatible  office,  351. 

POPULATION, 

of  various  counties  575. 

POTTER  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111- A. 

,  (same)  at  primaries,  174- A. 

state  representative  district,  535. 
state  senatorial  district,  523. 

PRE-EMPTION, 

of  party  name,  see  Political  Parties. 

PRELIMINARY  DUTIES, 

election  officers,  before  opening  the  polls,  elections  or 
primaries,  6  to  17,  501. 

PRESIDENTIAL  ELECTORS, 

contested  election  for,  133  to  136. 

method  of  marking  ballots  for,  see  Ballots. 

nomination  petitions  for,  time  of  filing  with  secre- 
tary of  commonwealth,  for  elections,  456,  458,  459, 
543. 

President  of  the  United  States,  elector  to  vote  his 
preference  for  one  person  to  be  candidate  of  his 
political  party  for,  376,  377,  384,  491,  494. 

withdrawal  as  candidate  for,  before  elections,  465, 
466,  467,  467-A,  468,  545,  549,  550. 

PRESIDENTIAL  VOTE, 

electoral  vote  by  states  for  president,  576. 

PRIMARIES 

see  also  Ballots;  County  Commissioners;  Primaries- 
Candidates;  Returns;  Secretary  of  Commonwealth; 
Tally  Papers;  and  other  specific  heads. 

crimes  committed  at  primary  election,  United  States 
Court  without  jurisdiction,  374-A. 

how  conducted,  140,  501. 

liquors  not  to  be  sold  on,  139. 

when  held,  138,  497. 

PRI M  ARI ES-CANDI  DATES, 

affidavits,  nomination  petitions,  397,  to  401,  496. 
alternate  delegates  to  national  party  conventions, 

election  of,  376.  383,  385,  491,  493,  494. 
ballots,  412,  413,  414,  495. 

,  (same)  candidates  names  on,  ar- 
rangement of,  413-A,  495. 
borough  officers,  nominations  of,  375,  388,  390,  491, 

493,  494. 

boroughs,  clerks  or  secretaries  of,  to  notify  county 
commissioners  of  all  offices  for  which  candidates 
are  to  be  nominated  at  fall  primary,  390,  494. 
candidate,  death  of,  after  filing  nomination  petition 
and  before  primary,  method  of  filing  new  petition, 
410,  507. 

candidates,  arrangement  of  names  on  ballots,  413-A, 
495. 

,  (same)  nominations  in  general,  375 

to  414. 

,    (same)    nominations,    judges    of 

courts  of  record,  415,  416. 
candidates,  nominations  in  general,  375  to  414. 

,   (same)   only  qualified  electors  of 

party  to  have  name  printed  on  party  ballots, 
413,  495,  496. 

,(same)  second  class  city  officers,417. 

,  (same)  vacancies,  405  to  411. 

,  (same)  withdrawal  of,  405  to  411. 


167 


INDEX 
(References  are  to  Sections) 


PRIMARIES-CANDIDATES,  (Con't) 
cities,  clerks  of,  to  notify  county  commissioners  of  all 
offices  for  which  candidates  are  to  be  nominated 
at  fall  primary,  390,  494. 
city  officers,  nominations  of,  375,  388,  390,  417,  491, 

493,  494. 

county  commissioners,  nomination  petitions,  time  of 
filing  with,  395, 497. 

----,  (same)  to  be  notified  by  clerks  or 

secretaries  of  cities,  boroughs,  townships  and 
school  districts  of  all  offices  for  which  candi- 
dates are  to  be  nominated  at  fall  primary,  390, 
417,  494. 

.._,  (same)  to  publish  names  of  offices 

for  which  nominations  are  to  be  made  or  can- 
didates for  party  offices  to  be  elected  at  spring 
primary,  387,  494. 

county  committees,  chairman  to  notify  county  com- 
missioners what  offices  are  to  be  filled  at  spring 
primary,  386,  494. 

county  officers,  nominations  of,  375, 388, 389, 491,493. 
county  political  party  defined,  382,  492. 
death  of  candidate  after  filing  nomination  petition, 
and  before  primary,  method  of  filing  new  petition, 
410,  507. 
delegates  to  national  party  conventions,  election  of, 

376,  383,  385,  491,  493,  494. 
election  days  and  hours,  138,  139,  493. 
election  officers,  nominations  of,  375,  388,  390,  491, 

493,  494. 

fall  nominations,  offices  to  be  filled  at  the  municipal 
election  shall  be  nominated  at,  388,  389,  390,  493, 
494. 

fall  primary,  clerks  or  secretaries  of  cities,  boroughs, 
townships  and  school  districts  to  notify  county 
commissioners  of  all  offices  for  which  candidates 
are  to  be  nominated  at,  390,  494. 
fall  primary,  secretary  of  the  commonwealth  to  notify 
county  commissioners  what  offices  are  to  be  filled 
at,  389,  494. 

judges,  nominations,  415,  416. 
municipal  elections,  offices  to  be  filled  at  the  munici- 
t,  pal  election  to  be  nominated  at  the  fall,  388,  389, 

390,  493,  494. 

national  committeemen,vacancies,how  filled,406,491. 
national  party  conventions,  delegate  or  alternate  dele- 
gate to,  election  of,  376,  383,  385,  491,  493,  494. 
nomination  petitions,  affidavits,  397  to  401,  496. 

,  (same)  candidate  for  delegate  or 

alternate  delegate  to  national  party  conven- 
tion, affidavit  of,  to  support  presidential  nomi- 
nation, candidate  receiving  highest  vote  of  his 
party  at  state  primary,  400,  401,  496. 

,  (same)  candidates  for  state,  county 

or  city  office  to  file  affidavit  of  residence,  399, 
496. 

,  (same)  death  of  candidate  after  fil- 
ing and  before  primary,  method  of  filing  new 
petition,  410, 507. 

,  (same)  invalidity  of,  394,  498. 

,  (same)  may  be  on  one  or  more  sheets, 

if  each  sheet  is  accompanied  by  affidavit,  397, 
398,496. 

...,  (same)  objection  to,  setting  aside, 

394,  402,  403,  498. 

,  (same)  rejecting  same,  causes  for, 
394,  402,  403,  498. 

,  (same)residence,affidavit  of ,399,496. 

..,  (same)  setting  aside,  402,  498. 

,  (same)  signatures,  number  required 

for  various  offices,  392,  393,  497. 

,   (same)   signers,   qualifications  of, 

394,  396,  496. 

..,  (same)  time  of  filing  with  secretary 

of  state  or  county  commissioners,  395,  497. 

.,  (same)  unqualified  elector  signing 

same,  penalty,  404,  513. 
,  (same)  vacancies,  how  filled,  405  to 

..,  (same)  when  same  may  be  legally 
circulated,  391,  496. 

nominations  borough  offices,  375,  388,  390,  491,  493, 
494. 


PRIMARIES-CANDIDATES  (Con't) 


..........  ,  (same)  county  commissioners  to 

publish  names  of  offices  for  which  nominations 
are  to  be  made  or  candidates  for  party  offices 
to  be  elected  at  spring  primary,  387,  494. 

..........  ,  (same)  county  officers,  375,  388,  389, 

491,  493. 

----------  ,  (same)  election  officers,  375,  388, 

390,  491,  493,  494. 

..........  .  (same)  fall,  offices  to  be  filled  at  the 

municipal  election  shall  be  nominated  at,  388. 

389,  390.  493,  494. 

..........  ,  (same)  of  candidates  in  general, 

375  to  417. 
......  ____  ,  (same)  public  offices,  375,  383,  388 

to  390,  491,  493,  494. 
_.  ........  ,  (same)  representatives  in  congress, 

375,  383,  384,  491,  493. 
........  ..,  (same)  school  districts,  375,  388, 

390,  491,  493,  494. 

-----  ......  (same)  spring,  offices  to  be  filled  at 

general  election  shall  be  nominated  at,  383, 
384,  385,  386,  387.  415,  493.  494. 
..........  ,  (same)  state  officers,  375,  383,  384, 

491,  493. 
...  .......  ,  (same)  township  offices,  375,  388, 

390,  491,  493,  494. 
__________  ,  (same)  United  States  senators,  375, 

383,  384,  491,  493. 
...........  (same)  ward  offices,  375,  388,  390, 

491,  493,  494. 

party  officers,  election  of,  375  to  414. 
political  party  within  the  county,  defined,  382,  492. 
____  ......  ,  (same)  within  the  state,  defined, 

381,  492. 

president  of  the  United  States,  elector  to  vote  his 
preference  for  one  person  to  be  candidate  of  his 
political  party  for,  376,  377,  384,  491.  494. 
public  offices,  nominations  of,  375,  383,  388,  389,  390, 

491,  493,  494. 
representatives  in  congress,  nomination  of,  375,  383, 

384,  491,  493. 

school  districts,  clerks  or  secretaries  of,  to  notify 
county  commissioners  of  all  offices  for  which  can- 
didates are  to  be  nominated  at  fall  primary,  390, 
494. 

,.,  (same)  nominations  of,  375,  388, 
390,  491,  493,  494. 

secretary  of  commonwealth,  nomination  petitions, 
time  of  filing  with,  395,  497. 

________  ,  (same)  to  notify  county  commission- 

ers what  offices  are  to  be  filled  at  fall  primary. 
389  494 
.....  ......  (same)  at  spring  primary,  384,  494. 

signers  to  nomination  petitions,  number  required,  392, 

393,  497. 

spring  nominations,  county  commissioners  to  publish 
names  of  offices  for  which  nominations  are  to  be 
made  or  candidates  for  party  offices  to  be  elected, 
ooy  404 

.,  (same)  offices  to  be  filled  at  general 
"efection  shall  be  nominated  at,  383  to  387, 

493  494 

spring  primary,  chairmen  of  county  committees  to 
notify  county  commissioners  what  offices  are  to  be 
filled  at,  386,  494. 
..........  ,  (same)  chairmen  of  state  commit- 

"tees  to  notify  county  commissioners  what 
offices  are  to  be  filled  at,  385,  494. 

.....  (same)  secretary  of  commonwealth 

"to  "notify  county  commissioners  what  offices 

are  to  be  filled  at,  384,  494. 

state  committees,  chairmen  to  notify  county  com- 
missioners what  offices  are  to  be  filled  at  spring 

;  election  of,  380,  385,  387,  491, 


494. 

...........  (same)  vacancies  in  office  of,  how 

state  o£s,4no^™tions  of,  375,  383,  384,  491,  493. 


168 


INDEX 

(References  are  to  Sections) 


PRIMARIES-CANDIDATES,  (Con't) 
state  political  party,  defined,  381,  492. 
tally  papers,  see  Tally  Papers, 
tie  vote,  in  such  case  who  shall  be  declared  nominee, 

180. 
township  offices,  nominations  of,  375,  388,  390,  491, 

493,  494. 

townships,  clerks  or  secretaries  of,  to  notify  county 
commissioners  of  all  offices  for  which  candidates 
are  to  be  nominated  at  fall  primary,  390,  494. 
United  States  senators,  nomination  of,  375,  383,  384, 

491,  493. 
vacancies,  defined,  409. 

,   (same)   how  candidates  shall  be 

nominated  to  fill,  405  to  411. 

,  (same)  national  committeemen,  how 

filled,  406,  491. 

-..,  (same)  state  committeemen,  how 
filled,  407,  491. 
vacancies  on  ticket  after  primary,  how  filled,  411,  450 

to  468,  507. 
ward  offices,  nominations  of,  375,  388,  390,  491,  493. 

494. 
withdrawal  of  candidates  at,  405  to  411. 

PRISON  INSPECTORS, 

incompatible  with  other  offices,  356,  357. 

PRINTERS, 

violating  ballot  act  in  preparation  of  ballots,  etc.,  572. 

PROCLAMATION, 

for  elections,  to  be  issued  by  sheriff,  275  to  279,  548. 
primaries,  county  commissioners  to  publish  notice  of 
offices  to  be  filled  at,  494. 

PROOF, 

of  qualifications,  see  Qualifications  of  Voters;  Regis- 
tration; Taxes. 
PROTHONOTARY, 

see  also  Court  of  Common  Pleas. 

certify  to  secretary  of  commonwealth,  votes  given 
each  person  in  congressional,  senatorial,  and  ju- 
dicial districts,  at  elections,  113-B. 

deputy,  incompatible  with  other  offices,  369-C,  D. 

incompatible  with  other  offices,  352,  369-B  to  D. 

member  of  county  return  board  at  primaries  under 
certain  conditions,  177,504. 

political  parties  adopting  a  certain  political  appella- 
tion to  designate  their  policy  to  file  affidavits,  etc., 
with,  448,  449,  541. 

present  returns  of  elections  to  county  return  board  for 
computation,  127,  128,  129. 

return  judges  in  congressional,  senatorial,  and  ju- 
dicial districts  to  file  copy  of  consolidated  returns 
in,  at  elections,  110,  113- A. 

returns  of  election  to  be  made  to,  112,  113. 

school  directors,  certificate  of  election  for,  274. 

PUBLIC  INSPECTION, 

election  expenses,  accounts  for,  open  to,  482. 
nomination  certificates  or  petitions  at  elections,  546. 
returns  of  primaries,  subject  to,  173,  504. 

PUBLIC  OFFICES, 

defined,  election  expenses,  472. 
nominations  of,  at  primaries,  375,  383,  388,  389,  390, 
491,  493,  494. 

PUBLIC  OFFICERS, 

incompatible  with  other  offices,  368  to  369-D. 
neglecting  to  perform  election  duties,  571. 

QUALIFICATIONS  OF  ELECTION  OFFICERS, 

see  Election  Officers. 

QUALIFICATIONS  OF  VOTERS, 

see  also  Registration;  Taxes. 

boroughs  and  townships,  27  to  51,  292  to  307. 

cities,  27  to  40,  52,  53,  308  to  344. 

general  provisions,  27  to  53. 

primary  elections,  142,  503,  526. 

woman  who  is  registered  and  subsequently  marries 

may  vote  under  certain  conditions,  50-A,  52-A, 

145-A,  147-A. 


QUARTER  SESSIONS, 

clerk,  see  Clerk  of  Quarter  Sessions. 
court,  see  Court  of  Quarter  Sessions. 

QUESTIONS, 

special  elections,  questions  submitted  to  electors, 
method  of  marking  ballots.  84,  84-A,  552. 

REAPPORTIONMENT, 

see  Apportionment. 

RECORDER, 

incompatible  with  other  offices,  349,  350. 

RECORDER  OF  DEEDS, 

deputy,  incompatible  with  other  offices,  369-C,  D. 
incompatible  with  other  offices,  369-B  to  D. 

REGISTER  OF  WILLS, 

deputy,  incompatible  with  other  offices,  369-C,  D. 
incompatible  with  other  offices,  369-B  to  D.        & 
member  of  county  return  board  at  elections  under 
certain  conditions,  129. 

REGISTRAR, 

second  or  third  class  cities,  see  Registration. 

REGISTRATION,  BOROUGHS  AND  TOWNSHIPS 

see  also  Qualifications  of  Voters;  Taxes. 

assessors  and  assistant  assessors  pay,  307. 

assessors,  duties  in  general,  292  to  307. 

days,  before  November  election  for  making  correc- 
tions on  the  registry  list,  304. 

,  (same)  for  registering  party  affiliations 

before  primaries,  295. 

hours  for  registering,  304. 

enrollment  of  electors,  295,  296,  297,  304. 

naturalized  elector  must  exhibit  certificate  of  natural- 
ization to  assessor,  300.  , 

oaths,  assessors  power  to  administer,  305. 

original  registry  list  to  be  retained  for  inspection^ 
revision,  303. 

party  affiliations,  mistakes  in,  how  same  may  be  cor- 
rected before  primary,  298. 

party  enrollment  of  electors,  295,  296,  297,  304. 

pay  of  assessors  and  assistant  assessors,  307. 

polling  places  to  be  in  proper  order  for  use  of,  290. 

registry  assessors,  duties  in  general,  292  to  307. 

registry  list  as  revised  to  be  returned  to  county  com- 
missioners, 306. 

,  (same)  copy  of,  to  be  placed  on  door 

of  election  house,  302. 

,  (same)  for  revision  before  primary 

or  election  days,  304. 

,  (same)  original  to  be  retained  for  inspec- 
tion or  revision,  303. 

woman  who  is  registered  and  subsequently  marries, 
may  vote  under  certain  conditions,  50-A,  52-A, 
145-A,  147-A. 

REGISTRATION,  SECOND  CLASS  CITIES, 

see  also  Qualifications  of  Voters;  Taxes, 
affidavit,  challenged  applicant,  317,  318,  322. 
age,  voting  on,  29,  315,  324. 
applicant,  absent  or  sick  on  regular  registration  days 

may  register,  325. 

appointment,  board  of,  commissioners,  309. 
appointment  of  registrars  for  each  election  district, 

311,  312. 
appointment  of  watchers,  powers  and  duties,  322. 

board  of,  commissioners  appointment  of,  309. 
challenged  applicant,  317,  318,  322. 
compensation  of  registrars,  313. 
compensation  of  registration  commissioners,  309. 
days  for,  314,  315,  316,  320,  321. 
elector,  absent  or  sick  on  regular  registration  days 

may  register,  325. 

,  (same)  who  will  become  of  age  or 

naturalized  between  primary  and  succeeding 

election  to  be  registered,  324. 
electors,  days  for,  314,  315,  316,  320,  321. 

,  (same)  entitled  to  vote  at  elections, 

if  registered  and  otherwise  qualified,  52. 


169 


INDEX 
(References  are  to  Sections) 


REGISTRATION,  SECOND  CLASS  CITIES,  (Con't) 

,  (same)  entitled  to  vote  at  primaries, 

if  registered  and  otherwise  qualified,  147. 
,  (same)  number  of,  allowed  in  regis- 
tration room  at  any  one  time,  323. 

,  (same)  qualifications  of,  27  to  40, 

316,  317,  318,  324. 
employees,  state  and  federal,  may  be  registered  by 

petition,  327. 
enrollment  of  electors,  as  to  party  preferences,  319, 

320. 
enrollment  of  voters,  how  new  party  affiliations  may 

be  obtained,  320. 

expense  of,  county  commissioners  to  provide  for,  326. 
fall,  days,  314,  315,  316. 
federal  and  state  employes,  may  register  in  second 

class  cities  by  petition,  327. 
hours  for  registering,  314. 
laws  regulating,  to  be  uniform  for  cities  of  the  same 


naturalization  certificates,  on,  317,  324. 

non-registered  elector  cannot  vote  at  any  election, 
52,  147,  315. 

oath  of  challenged  applicant,  317,  318,  322. 

oaths,  commissioners  power  to  administer,  310. 

,  (same)  registrars  power  to  admin- 
ister, 314  315,  318. 

party  affiliations,  how  new  may  be  obtained,  320. 

party  enrollment  of  voters,  319,  320. 

personal—,  days,  314,  315,  316,  320,  321. 

polling  places  to  be  in  proper  order  for  use  of,  290. 

qualifications  of  electors,  27  to  40,  316,  317,318,324. 

record  of—,  commissioners  proceeding  open  to  public, 
310. 

registrars,  appointment  and  qualifications  of,  311,312. 
1 ,  (same)  candidate  and  public  of- 
ficers not  to  act  as,  311. 

,  (same)  salary  of,  313. 

registered  electors  moving  from  one  election  district 
to  another,  321,  324. 

registers,  to  be  delivered  to  election  officers  on  elec- 
tion days,  326. 

salary  of  registration  commissioners,  309. 
,  (same)  of  registrars,  313. 

state  and  federal  employes  may  register  in  second 
class  cities  by  petition,  327. 

spring—  days,  314,  315,  316,  320,  321. 

taxes,  payment  of,  316,  324. 

term  of  appointment,  commissioners,  309. 

voters,  days  for,  314,  315,  316,  320,  321. 

voting  on  age,  29,  315,  324. 

watchers,  appointment,  duties  and  powers,  322. 

woman  who  is  registered  and  subsequently  marries, 
may  vote  under  certain  conditions,  50-A,  52-A, 
145-A,  147-A. 

REGISTRATION,  THIRD  CLASS  CITIES, 

see  also  Qualifications  of  Voters;  Taxes, 
affidavit,  challenged  applicant,  336,  337,  340. 
applicant,  absent  or  sick  on  regular  registration  days 

may  register,  333. 

appointment  of  registrars,  for  each  election  district, 
329. 

,  (same)  of  watchers,  powers  and 
"duties,  340. 

challenged  applicant,  336,  337,  340. 
compensation  of  registrars,  330,  331. 
county  commissioners  to  appoint  registrars  for  each 
election  district,  329. 

(same)  to  give  public  hearing  on 
complaint  of  non-registered  elector,  may  cor- 
rect register,  342. 
days  for,  332,  333,  335. 

elector,  absent  or  sick  on  regular  registration  days 
may  register,  333. 

,  (same)  who  has  registered  and  con- 
tinues to  reside  in  same  place  need  not  answer 
additional  questions  at  subsequent  registra- 
tion, 334. 
electors,  days  for,  332,  333,  335. 

_  (  (same)  number  of,  allowed  m  regis- 

"tra'tionVoom  at  any  one  time,  341. 

,(same)qualifications  of,  27  to  40, 335. 


REGISTRATION,  THIRD  CLASS  CITIES  (Con't) 

enrollment  of  electors  as  to  party  preferences,  338,339. 
enrollment  of  voters,  how  new  party  affiliations  may 

be  obtained,  339. 
expense  of,  county  commissioners  to  provide  for,  343, 

344. 

fall,  days,  332. 
hours  for  registering,  332. 
laws  regulating,  to  be  uniform  for  cities  of  the  same 

class,  328. 

naturalization  certificates,  on,  337. 
non-registered  elector  cannot  vote  at  any  election, 

52,  147,  333. 

oath  of  challenged  applicant,  336,  337. 
oaths,  registrars  power  to  administer,  334. 
party  affiliations,  how  new  may  be  obtained,  339. 
party  enrollment  of  voters,  338,  339. 
personal,  days,  332,  333,  335. 
petition  to  county  commissioners  for  non-registration 

or  correction  of  register,  342. 
qualifications  of  electors,  27  to  40,  335. 
register,  correction  of,  342. 
registered  electors  moving  from  one  election  distri  t 

to  another.  333. 

registers,  to  be  delivered  to  election  officers  on  elec- 
tion days,  343. 
registrars,  appointment  and  qualifications  of,  329. 

,  (same)  salary  of,  330,  331. 

rooms  for  use  of  registrars,  rent  for,  291. 

spring,  days,  332. 

taxes,  payment  of,  335. 

voters,  days  for,  332,  333,  335. 

watchers,  appointment,  duties  and  powers,  340. 

woman  who  is  registered  and  subsequently  marries, 

may  vote  under  certain  conditions,  50-A,  52-A, 

145-A,  147-A. 

REGISTRY  ASSESSORS, 

duties,  boroughs  and  townships,  see  Registration. 

REGISTRY  LIST  OF  VOTERS, 

boroughs  and  townships,  see  Registration. 

REJECTING  NOMINATION  PETITIONS, 

elections,  455,  460,  461,  462,  463,  543,  544,  545. 
primaries,  394,  402,  403,  498. 

RENT, 

for  registration  room  third  class  cities,  291. 

REPRESENTATIVES  IN  CONGRESS, 

nomination  of,  at  primaries,  375, 383, 384. 491, 493. 
nomination  petitions  for,  time  for  filing  with  secre- 
tary of  commonwealth,  for  elections,  456,  543. 
withdrawal  as  candidate  for,  before  elections,  465  to 
468,  545,  549,  550. 

RESIDENCE, 

see  also  Affidavits;  Qualifications  of  Voters;  Registra- 
tion. 

affidavits  as  to,  boroughs  and  townships,  ur 
elector,  43. 

denned,  37,  39.  40. 

electors,  qualifications  as  to,  29,  37,  38,  39,  40. 

registered  electors  moving  from  one  election  district  to 
another,  second  class  cities,  321,  324. 
,  (same)  third  class  cities,  333. 

witness  as  to,  boroughs  and  townships,  unregistered 
elector,  43. 

RETURN  JUDGES, 

see  also  County  Return  Board;  Judge  of  Election; 
Pay  of  Election  Officers;  Returns;  Return  Sheet; 
Return  Sheets. 

consolidated  returns  in  congressional,  senatorial  and 
judicial  districts,  return  judges  to  file  copy  of, 
in  prothonotary's  office,  at  elections,  113-A. 

(same)  in  commissioners  office,  .at 
"primaries;  173-A,  174,  174-B. 

county  commissioners  to  appoint,  to  made  consoli- 
dated returns  in  congressional,  senatorial,  and  ju- 
dicial districts,  at  primaries,  174. 


170 


INDEX 
(References  are  to  Sections) 


RETURN  JUDGES,  (Con't) 
court  of  common  pleas  to  appoint — ,  to  make  con- 
solidated returns  in  congressional,  senatorial  and 
judicial  districts,  at  elections,  108. 
day  for  meeting  to  adjust  consolidated  returns  in  con- 
gressional, senatorial,  and  judicial  districts,  at  elec- 
tions, 109. 

,  (same),  at  primaries,  174-A. 

district,  108,  109,  110,  111-A. 
duties  at  elections,  107  to  115. 

.,  (same)  at  primaries,  108  to  111,  172, 

173,174. 

in  judicial  districts  to  file  copy  of  consolidated  returns 
in  Secretary  of  Commonwealth's  office,  at  elections, 
110. 

place  of  meeting  in  congressional  districts  to  adjust 
consolidated  returns,  at  elections,  111. 

-.- ..,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111-A. 

,  (same)  at  primaries,  174-D. 

returns,  to  be  made  to  clerk  of  quarter  sessions,  107-A, 
114. 

,  (same)  to  be  made  to  county  com- 
missioners, at  primaries,  172,  173. 

,  (same)  to  be  made  to  prothonotary, 

at  elections,  112,  113. 

RETURNS, 

see  also  Return  Judges. 

boroughs  and  township  offices,'rat  elections,  107-A, 

county  return  board,  at  elections,  127,  128,  129. 
,  (same)  at  primaries,  176  to  183-B, 

fraud  or  mistake,  county  return  board,  powers  as  to, 
at  elections,  128. 

,  (same)  at  primaries,  181,  182,  183, 

504. 

,  (same)  common  pleas  court,  powers 

as  to,  at  primaries,  181,  505. 
making  of,  to  county  commissioners,  at  primaries, 

172,  173,  504. 
making  of,  to  prothonotary,  at  elections,  112,  113, 

113-A. 

missing,  county  return  board,  powers  as  to,  at  elec- 
tions, 128. 

,  (same)  at  primaries,  181,  182,  183, 

504. 

posting  on  election  house  at  primaries,  167,  504. 
primary,  certification  of,  by  county  commissioners, 

506. 

primaries,  subject  to  public  inspection,  173,  504. 
third  class  city  charters,  115. 

RETURN  SHEET, 

see  also  General  Return  Sheets;  Return  Sheets, 
borough  and  township  offices,  elections,  disposition 

of,  114. 
elections,  disposition  of,  112,  113. 

,  (same)  one  to  be  made  by-election 

officers,  101. 

triplicate,  boroughs  and  townships  offices,  elections, 
disposition  of,  114. 

,  (same)  to  be  made  by  election  offi- 
cers at  elections,  101.& 

RETURN  SHEETS," 

see  also  General  Return  Sheets;  Return  Sheet, 
triplicate,  disposition  of,  at  elections,  104, 112, 113, 114. 

.-,  (same)  for  each  party,  at  primaries, 

167,  169,  171,  172,  504. 

RIGHTS  OF  VOTERS, 

see  Ballots;  Electors;  Qualifications  of  Voters;  and 
other  specific  heads. 

ROOMS, 

see  also  Booths;  Districts. 

ballots,  specimen  to  be  posted  in"voting"room,'16, 500, 
558. 


ROOMS,  (Con't) 

cards  of  instructions  and  penalties  to  be  posted  in 
and  about  election  rooms,  16,  500,  558. 

county  commissioners  equip,  for  each  district,  287, 
288,  290,  557. 

.,  (same)  to  provide  rooms  for  compu- 
tation of  votes,  at  primaries,  179,  504. 

electioneering  within  voting  rooms  forbidden,  561. 

number  of  booths  required,  557. 

number  of  electors  allowed  in,  60,  61,  559,  561. 

peace  officers  not  to  be  in  polling  rooms  except  in 
certain  cases  at  primaries,  141,  513. 

,  (same)  to  clear  avenues  to,  or  win- 
dows of  election  rooms,  18,  19,  21. 

registrars,  third  class  cities,  to  be  furnished  for,  343, 
344. 

registration  commissioners,  second  class  cities,  to  be 
furnished  for,  326. 

registration  rooms,  number  of  electors  allowed  in,  at 
any  one  time,  in  second  class  cities,  323. 

----- ,  (same)  number  of  eledws  allowed 

in,  at  any  one  time,  in  third  class  cities,  341. 

registration,  third  class  cities,  as  used  by  registrars, 
rent  for,  291. 

SAILORS, 

see  Soldiers  and  Sailors. 

SCHOOL  DIRECTORS, 

see  Schools, 

SCHOOLS, 

county  or  assistant  county  superintendent  of,  incom- 
patible with  other  offices,  365. 
directors,  certificate  of  election  for,  issued  by  clerk  of 
quarter  sessions,  255. 

,  (same)  issued  by  prothonotary,  274. 

,    (same)   incompatible   with  other 

offices,  355,  364,  365. 

,  (same)  tie  votes,  at  elections,  130. 

districts,  clerks  or  secretaries  of,  to  notify  county 
commissioners  of  all  offices  for  which  candidates 
are  to  be  nominated  at  fall  primary,  390,  494. 

,  (same)  nominations  of,  at  prima- 
ries, 375,  388,  390,  491,  493,  494. 
officers,  contested  elections  for,  133,  134,  135,  136. 
SCHUYLKILL  COUNTY, 
representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  district,  523. 
SEALING, 

ballot  box,  see  Ballot  Box. 
SECOND  CLASS  CITIES, 

see  Cities;  Elections-Candidates;  Primaries-Candi- 
dates; Registration. 

SECRETARY  OF  COMMONWEALTH, 
see  also  Ballots;  County  Commissioners;  Elections- 
Candidates;  Expenses-Candidates;  Primaries-Can- 
didates; and  other  specific  heads, 
blank  form  for  nomination  petitions  to  be  furnished 

candidates  for  elections,  450,  541. 
candidates,  withdrawal  of,  before  elections,  465  to 

468,  545,  549,  550. 
county  commissioners  to  be  notified  of  what  offices  to 

be  filled  at  fall  primary,  389,  494. 
county  commissioners  to  be  notified  of  what  offices  to 

be  filled  at  spring  primary  by,  384,  494. 
election  expenses,  accounts  for,  to  be  filed  with,  480. 

,  (same)  blank  forms  to  be  furnished 

to  county  commissioners,  candidates  and  commit- 
tees, 489. 
forms  required  by  ballot  act,  to  be  furnished  county 

commissioners,  539. 

nomination  petitions  for  elections,  time  of  filing  with, 
456,  543. 

,  (same)  primary,  time  of  filing  with, 

395,  497. 

return  judges  in  judicial  districts  certify  copy  of  con- 
solidated returns  in,  at  elections,  110. 

,  (same)  at  primaries,  174-B. 

transmit  list  of  candidates  nominated  by  nomina- 
tion papers  or  proposed  amendment  to  constitution 
to  county-  commissioners  and  sheriffs,  464,  547. 


171 


INDEX 

(References  are  to  Sections) 


SENATORIAL  DISTRICTS, 
see  also  Districts;  Return  Judges, 
return  judges,  day  for  meeting  in,  at  elections,  109. 

,  (same)  at  primaries,  174- A. 

,  (same)  place  of  meeting  to  adjust  con- 
solidated returns  in,  at  elections,  111- A. 

,  (same)  at  primaries,  174-D. 

,  (same)  to  make  consolidated  returns 

in,  at  elections,  108.  .     , 

,  (same)  at  primaries,  173- A,  174. 

state,  520  to  524. 

SENATORS, 

state,  see  State  Senators. 

United  States,  see  United  States  Senators. 

SHERIFFS, 

as  peace  officers,  penalty  for  neglecting  to  perform 
duties  in  regards  to  elections,  18,  19. 

deputy,  incompatible  with  other  offices,  369-C,  D. 

duties  of,  in  general,  275,  276,  277,  278,  279,  548. 

election  proclamation,  275,  548. 

incompatible  with  other  offices,  369-C,  D. 

number  of  county  return  board  at  elections  under  cer- 
tain conditions,  129. 

secretary  of  commonwealth  to  transmit  list  of  candi- 
dates nominated  by  nomination  papers  or  proposed 
amendment  to  constitution,  464,  547. 

SIGNATURES, 

nomination  petitions,  primaries,  see  Elections-Candi- 
dates; Primaries-Candidates. 

SNYDER  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  distric£,  523. 

SOLDIERS  AND  SAILORS, 

citizens  of  the  United  States  serving  with  allied  armies 
of  United  States,  lost  citizenship,  33. 

SOMERSET  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  district,  523. 

SPECIAL  ELECTIONS, 

general  election  laws  to  govern,  3. 

SPECIAL  BALLOTS, 

see  Ballots;  County  Commissioners. 

SPLIT, 

ticket,  marking  ballots,  see  Ballots. 

SPOILED  BALLOTS, 

see  Ballots. 

SPRING  NOMINATIONS, 

primaries,  see  Primaries-Candidates. 

SPRING  PRIMARY, 

even  numbered  years,  138,  493. 

STAKEHOLDERS, 

bets  on  elections,  372. 

STATE  COMMITTEEMEN, 

election  of,  at  primaries,  380,  385,  387,  491,  494. 

STATE  COMMITTEES, 

chairman  of,  to  notify  county  commissioners  what 

offices  are  to  be  filled  at  spring  primary,  385,  494. 

rules  for  the  government  of,  power  to  make,  379, 491. 

STATE  EMPLOYEES, 

may  register  in  second  class  cities  by  petition,  327. 

STATEMENT, 

of  votes  cast,  at  elections,  102,  566. 

STATE  OFFICERS, 

contested  election  for,  133  to  136. 


STATE  OFFICES, 

nomination  petitions  for,  time  of  filing  with  secretary 
of  commonwealth  for  elections,  456,  543. 

nominations  of,  at  primaries,375,383,384,415,491,4W. 

withdrawal  as  candidates  for,  before  elections  405 
to  468,  545,  549,  550. 

STATE  POLITICAL  PARTIES, 

defined,  primaries,  381,  492. 

STATE  REPRESENTATIVES, 

apportionment  districts,  525  to  538. 

contested  election  for,  134. 

incompatible  with  other  offices,  358,  362.  363. 

nomination  petitions  for,  time  of  filing  with  secretary 

of  commonwealth  for  elections,  456,  543. 

.  , (same)  at  primaries,  395. 

withdrawal  as  candidate  for,  before  elections,  466  to 

468,  545,  549,  550. 

STATE  SENATORS, 

apportionment  districts,  520  to  524. 

contested  elections  for,  134. 

incompatible  with  other  offices,  358,  362.  363. 

nomination  petitions  for,  time  of  filing  with  secretary 

of  state,  for  elections,  456,  543. 

,  (same)  at  primaries,  395. 

withdrawal  as  candidate  for,  before  elections,  465  to 

468,  545,  549,  550. 

STATE  TAX, 

see  Qualifications  of  Voters;  Taxes. 

STICKERS, 

on  ballots,  at  elections,  85,  552. 

,  (same)  at  primaries,  158,  495. 

STOLEN  BALLOTS, 

see  Ballots;  County  Commissioners;  Judge  of  Elec- 
tion. 

STRAIGHT, 

party  ticket,  marking  ballots,  see  Ballots. 

SUBSTITUTION, 

of  candidates,  see  Elections-Candidates;  Primaries 
Candidates. 

SULLIVAN  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  district,  522. 

SUPERINTENDENT  OF  SCHOOLS, 

see  Schools. 

SUPPLIES, 

to  be  furnished  for  use  at  elections  or  primaries,  9, 
500,  558. 

SUSQUEHANNA  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections.  111. 

,  (same)  at  primaries,  174-C. 

state  representative  district,  535. 
state  senatorial  district,  522. 

TALLY  PAPERS, 

boroughs  and  townships  offices,  elections,  disposition 

elections,  preparation  and  disposition  of,  100,  101 

104,  112,  113,  566. 
primaries,  preparation  and  disposition  of,  164,  187 

169,  171,  172,  504. 

TAXES, 

assessment  of,  29,  30. 

boroughs  and  townships,  payment  of  state  or  county. 

to  qualify  elector  to  vote  at  primaries,  142. 503, 528. 
cities,  payment  of  state  or  county,  to  qualify  elector 

to  vote  at  primaries,  142,  503,  526. 
elector,  twenty-two  years  of  age  or  upwards  mint 

have  paid,  to  vote,  29. 


172 


INDEX 

(References  are  to  Sections) 


TAXES,  (Con't) 

mercantile  tax  not  a  state  or  county  tax,  32. 
non-registered  electors,  in  boroughs  and  townships 
may  be  challenged  for  tax  receipts,  at  elections,  57. 
payment  of,  after  fall  registration  in  second  class 
cities,  how  elector  may  register,  324. 

,  (same)  third  class  cities,  335. 

,  (same)  by  elector  himself  or  upon 

written  order,  31. 

.,  (same)  to  qualify  elector,  29,  30. 

,  (same)  to  qualify  elector  at  prima- 
ries, 142,  503. 

THIRD  CLASS  CITIES, 

see  Cities,  Elections-Candidates;  Primaries-Candi- 
dates; Registration. 

TICKETS, 

penalty  for  supplying  false  tickets  to  electors,  370. 

TIE  VOTES, 

inspectors,  at  elections,  131. 
judge  of  election,  at  elections,  131. 
primary  candidates,  180,  507. 
school  directors,  at  elections,  130. 

TIME, 

see  also  Ballots;  Booths;  Elections-Candidates;  Pri- 
maries-Candidates; Returns;  and  other  specific 


method  of  reckoning  periods  of  time  at  elections,  463, 

543. 
of  opening  and  closing  polls,  general  and  municipal 

elections,  5. 
,  (same)  at  primaries,  139,  501. 

TIOGA  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in, 
to  adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  1 74-C. 

state  representative  district,  535. 
state  senatorial  district,  523. 

TOWNSHIPS, 

see  also  County  Commissioners;  Elections-Candi- 
dates; Incompatible  Offices;  Primaries-Candidates 
and  other  specific  heads. 

assessors  and  assistant  assessors  pay  in  second  class 
townships,  307. 

auditor,  incompatible  with  other  offices,  364,  365, 367. 

clerks  or  secretaries  of,  to  notify  county  commission- 
ers of  all  offices  for  which  candidates  are  to  be 
nominated  at  fall  primary,  390,  494. 

commissioners,  incompatible  with  other  offices,  365. 

commissioner  of  roads,  incompatible  with  other  of- 
fices, 364,  365. 

increasing  indebtedness  of,  84- A,  266- A. 

officers,  certificate  of  election  for,  103. 

offices,  contested  elections  for,  133  to  136. 

,  (same)  disposition  of  election  re- 
turns for,  114. 

_,  (same)  nominations  of,  at  primaries, 

375,  388,  390,  491,  493,  494. 

path-master,  incompatible  with  other  offices,  364. 

polling  places  may  be  changed  in,  281-A,  284-B,  285. 

registration  of  electors,  see  Registration. 

return  judges  duties  in  divided  townships  as  to  con- 
solidated returns,  107- A. 

road  supervisor,  incompatible  with  other  offices,  365. 

tax  collector,  incompatible  with  other  offices,  365. 

treasurer,  incompatible  with  other  offices,  365. 

TREASURER, 

see  Boroughs;  Cities;  County  Treasurer;  Townships. 

TRIAL, 

of  contested  elections,  see  Contested  Elections. 

TRIPLICATE, 

return  sheets,  see  Return  Sheets. 
tally  papers,  see  Tally  Papers. 


UNIFORM  PRIMARIES, 

see  Ballots;  County  Commissioners;  Primaries-Can- 
didates; and  other  specific  heads. 

UNION  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  535. 
state  senatorial  distict,  523. 

UNITED  STATES  CONSTITUTION, 

nineteenth  amendment,  women  suffrage,  28. 

UNITED  STATES  OFFICERS, 

incompatible  with  other  offices,  348,  349,  350,  362. 
366,  369-C,  D. 

UNITED  STATES  REPRESENTATIVES, 

Congressional  Districts,  517,  518,  519. 

contested  election,  183-A,  183-B. 

election  expenses,  filing,  490-A. 

incompatible  with  other  offices,  347  to  350,  362,  366, 

369-C,  D. 
nominations  of,  at  primaries,  375,  383,  384,  491,  493. 

UNITED  STATES  SENATORS, 

contested  election,  183-A,  183-B. 

election  expenses,  filing,  490-A. 

incompatible  with  other  offices,  347  to  350,  362,  366, 

369-C,  D. 
nomination  of,  at  primaries,  375,  383,  384,  491,  493. 

UNREGISTERED  VOTER, 

affidavit,  boroughs  and  townships,  elections,  41  to  49. 
boroughs  and  townships,  voting  on  election  day,  41 

to  49 
cities,  cannot  vote  at  elections  or  primaries,  52,  147. 

VACANCIES, 

clerks,  election  or  primary  election  morning,  14. 

contested  elections,  when  ballots  are  defective,  tri- 
bunal trying  case  to  declare  election  invalid,  how 
vacancies  to  be  filled,  567. 

death  of  candidate  after  filing  nomination  petition 
and  before  primary,  410,  507. 

,  (same)  before  elections,  466,  467. 

468,  545,  549,  550. 

defined,  409. 

elections,  how  candidates  shall  be  nominated  to  fill, 
465  to  468,  545,  549,  550. 

inspectors,  previous  to  elections,  court  to  appoint,  196. 

judge  of  election,  election  or  primary  election  morn- 
ing, 13. 

,  (same)  previous  to  elections,  court 

to  appoint,  221. 

majority  inspector,  election  or  primary  election  morn- 
ing, 13. 

minority  inspector,  election  or  primary  election  morn- 
ing, 13. 

national  committeemen,  how  filled,  406,  491. 

primaries,  how  candidates  shall  be  nominated  to  fill, 
405,  411,  465  to  468.  507. 

state  committeemen,  how  filled,  407,  491. 

VENANGO  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  senatorial  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111-A. 

,  (same)  at  primaries,  174- A. 

state  representative  district,  535. 
state  senatorial  district,  524. 

VOTERS, 

see  Ballots;  Closing  the  Polls;  Electors;  Qualifica- 
tions of  Voters;  Registration;  Taxes;  and  other 
specific  heads. 

VOTING, 

secrecy  in  voting  to  be  preserved,  59. 


VOTING  BOOTHS, 

see  Booths;  County  Commissioners. 


173 


INDEX 
(References  are  to  Sections) 


VOTING  CHECK  LIST, 

after  polls  close  at  elections,  announce  number  of 

names  checked  in,  94. 
after  polls  close  at  primaries,  announce  number  of 

names  checked  in,  162,  504. 
ballots  cast  and  number  of  names  checked  in,  should 

be  identical,  at  elections,  95,  566. 
boroughs  and  townships,  to  be  placed  in  ballot  box, 

at  elections,  104. 

-,  (same)  at  primaries,  169,  504. 

cities,  second  and  third  class,  disposition  of,  at  elec- 
tions, 112,  113. 

r----,  (same)  at  primaries,  172,  504. 

elector  claiming  right  to  vote  whose  name  does  not 

appear  on,  in  boroughs  and  townships.  41  to  49. 
electors  name  to  be  added  to.  if  unregistered,  after 

he  has  established  his  right  to  vote  at  elections,  in 

boroughs  and  townships,  50,  559. 
mark  check  as  ballot  is   issued    to    each  elector  at 

primaries,    150,  527. 
mark  "V"  opposite  name  of  elector  in,  after  he  has 

voted,  89. 

VOTING  ON  AGE, 

see  Age. 

VOTING  POLLS  OR  ROOMS, 

see  Districts;  Rooms. 

WARD  OFFICES, 

contested  elections  for,  133  to  136. 
nominations  of,  at  primaries,  375,  388,  390,  491,  493, 
494. 

WARREN  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representative  district,  535. 
state  senatorial  district,  524. 

WASHINGTON  COUNTY, 

representative  congressional  district,  519. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111 

,  (same)  at  primaries,  174-C. 

,  (same)  senatorial  districts,  at  elec- 
tions, 111- A. 

,  (same)  at  primaries,  1 74- A. 

state  representative  district,  536. 
state  senatorial  district,  524. 


WATCHERS, 

appointment  of,  246,  252,  253  254  511 
crimes,  at  primaries,  373,  513. 
duties,  in  general,  246  to  254. 
intimidation  of,  at  primaries,  511,  534,  535. 

WAYNE  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  537. 
state  senatorial  district,  521. 

WESTMORELAND  COUNTY, 

representative  congressional  district,  519. 
state  representative  district,  537. 
state  senatorial  district,  524. 


WITHDRAWALS, 

elections,  candidates  at,  465  to  468,  545,  549,  550. 
primary,  candidates  at,  405,  411. 

WITNESSES, 

affidavits,  disposition  of,  at  primaries,  171.  172,  504. 
unregistered  voter  in  boroughs  and  townships  wit- 
nesses for,  41  to  49,  51. 

WOMEN, 

American  women  marrying  foreigners,  loss  of  citizen- 
ship, 34. 

foreign  born,  marrying  American  citizens,  35. 

who  are  registered  and  subsequently  marries,  may 
vote  under  certain  conditions,  50- A,  52- A,  145- A, 
147-A. 

WOMEN  SUFFRAGE,  28. 


WYOMING  COUNTY, 

representative  congressional  district,  518. 
state  representative  district,  537. 
state  senatorial  district,  522. 

YORK  COUNTY, 

representative  congressional  district,  518. 
return  judges  in  congressional  districts  to  meet  in,  to 
adjust  consolidated  returns,  at  elections,  111. 

,  (same)  at  primaries,  174-C. 

state  representatives  district,  538. 
state  senatorial  district,  523. 


174 


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